‘Don’t approach High Courts without exhausting available remedies’

Justice M Govindaraj made this observation while disposing a Civil Miscellaneous Appeal moved against the order passed by Principal District Judge, Tirupur.

The appeal moved by Selva Kumar Spinners Private Limited (SKSPL) was directed against an ex-parte injunction granted by the trial court. The trial court had directed the appellant not to supply the material to anybody other than to Liberty Clothing Company, the respondent in the case. But SKSPL on receipt of the order, without approaching the trial court had preferred the appeal at the High Court directly.

However, Justice Govindaraj on holding that the appellant without approaching the trial court had preferred the appeal directly, said, “The appeal does not disclose any extraordinary circumstances or irreparable loss warranting interference.”

“Normally this court does not interfere with the discretionary power exercised by the court unless it is fainted with arbitrary exercise of such power, patently illegal or capricious,” the judge held while noting that the appellant cannot approach this court without exhausting the effective remedy available to him. Thereafter, Justice Govindaraj offered the appellant liberty to approach the trial court with appropriate application to vacate the injunction.

The judge also directed the trial court to dispose of the same within three months.