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Thursday, December 18, 2025

Alternative remedy - long pendency

Case Title
Citation
Legal Provision
Key Ratio / Holding
Relevant Paragraphs
Hemraj Ratnakar Salian v. HDFC Bank Ltd.
[(2021) 20 SCC 395]
Constitution of India, Article 136
Maintainability of SLP: Even though an alternative remedy was available to the appellant, the Supreme Court decided the matter itself considering the long pendency of the appeal (since 2016).
(Para 9)
Durga Enterprises (P) Ltd. v. Principal Secy., Govt. of U.P.
[(2004) 13 SCC 665]
Constitution of India, Article 226
When Alternative Remedy Rule Inapplicable: The High Court summarily dismissed a writ petition on the ground of alternative remedy after it had been pending for a long period of thirteen years.


Held: Since the HC had entertained the petition and pleadings were complete, it ought to have decided the case on merits rather than relegating parties to a civil suit. Matter remitted to HC for fresh decision.
(Paras 2, 3, 4 and 6)

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