Mr. Sujeet Kumar Mishra, Advocate v. UNION OF INDIA AND ORS .....

Delhi High Court · 24 Mar 2017 · 2017:DHC:1732
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 24.03.2017
2017:DHC:1732
constitutional petition_dismissed

AI Summary

The Delhi High Court dismissed a writ petition seeking to compel RBI to accept demonetized currency notes, holding that the Supreme Court's restraint order bars other courts from entertaining such petitions.

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WP(C) 2662/2017
HIGH COURT OF DELHI
W.P.(C) 2662/2017 and CM APPL. 11564/2017
INTERNATIONAL TRADERS ..... Petitioner
Through: Mr. Sujeet Kumar Mishra, Advocate
VERSUS
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Gaurang Kanth, CGSC with Ms. Biji Rajesh and Mr. Pushkar Taimni, Advocates for
R-1/UOI.
Mr. K.S. Parihar, Advocate for R-2 and 3/RBI.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 24.03.2017
JUDGMENT

1. The present petition has been filed by the petitioner praying inter alia for issuing a writ of mandamus to the respondents No.2 and 3/RBI to accept the deposit of/exchange of specified bank notes in the denomination of Rs.500/- and Rs.1,000/-, as detailed in Annexure P-6.

2. Mr. Kanth, learned counsel for the respondent No.1/UOI opposes the maintainability of the present petition in this Court in view of the order dated 16.12.2016 passed by the Supreme Court in W.P.(Civil) No.906/2016 entitled Vivek Narayan Sharma vs. Union of India, wherein it has been clarified that no other Court shall entertain, hear or decide any writ petition/proceedings on the issue or in relation to or arising from the decision of the Government of India to demonetize the old notes of Rs.500/and Rs.1,000/-, as the entire issue in relation thereto is pending 2017:DHC:1732 WP(C) 2662/2017 consideration before the Supreme Court in the said proceedings.

3. In view of the aforesaid order, the present petition is disposed of alongwith the pending application, with liberty granted to the petitioner to approach the Supreme Court for appropriate relief. HIMA KOHLI, J MARCH 24, 2017 rkb