No bar on Writ Court entertaining claim for refund of money; no period of limitation for filing of writ petition: Del HC

Delhi High Court: A Single Judge Bench comprising of C. Hari Shankar, J. dismissed a review petition filed on the grounds of challenging maintainability of the original writ petition.

The review petitioner sought review of the judgment passed earlier by the same bench of the Delhi High Court. He submitted that the original writ petition was not maintainable as it was barred by period of limitation and also because no writ petition would lie for such a relief as claimed by the original writ petitioner, i.e. seeking refund of bond money.

The High Court, after considering the submissions made by the review petitioner, was of the view that the instant review petition was without merits. It was observed that there is no period of limitation for filing a writ petition. As to the second aspect also, the Court observed that there is no bar to a Writ Court entertaining a claim for refund of money. In such a view of the matter, the review petition was dismissed. [Hemant Tyagi v. UCO Bank,2018 SCC OnLine Del 12444, decided on 13-11-2018]

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