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prasanna kumar (individual)     14 July 2022

Can i file an interlocutory application to set aside a sale in a writ petition

Hello experts.

I have filed a writ petition challenging an order of DRT seeking dismissal of an MA seeking to set aside the sale of movable and immovable properties. the Prayer in the writ is to allow the MA

1. whether I can file an I.A in the writ petition seeking to set aside the sale- whether the order on I.A will be final.

2. Whether I can challenge another order of a DRT which was a connected matter before the DRT in an I.A in the same  writ petition or should i seek amendment of the writ petiton

your advice will be of greate help

 

 



Learning

 1 Replies

Adv. Ravish Bhatt, ADIT, CIOT (Dual Qualified lawyer/ Solicitor International Tax Affiliate CIOT)     21 July 2022

It is confusing when you say you filed a writ in high court to prayer to allow the MA.  Also the facts stated by you do not provide sufficient clarity on actual developments. 

However, broadly you can file IA in pending writ petition in respect of any subsequent development in the proceedings under challenge.  Some judges take a view that IA is not tenable and rather an amendment should be moved.

About you seeking to challenge another order of DRT in a connected matter, the same may not be tenable either in IA in original petition or through amendment.  As such order will provide a separate substantive cause of action, separate writ petition will be required ideally.

Regret that I am unable to answer precisely for want of clear narration of facts.

 


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