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        Case ID :

        2015 (5) TMI 939 - HC - FEMA

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        Statutory appellate remedy bars writ jurisdiction where the challenge must be taken before the competent High Court. Where an effective statutory appeal is available against a tribunal's order, writ jurisdiction should ordinarily not be invoked except in exceptional ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Statutory appellate remedy bars writ jurisdiction where the challenge must be taken before the competent High Court.

                          Where an effective statutory appeal is available against a tribunal's order, writ jurisdiction should ordinarily not be invoked except in exceptional cases such as lack of jurisdiction or breach of natural justice. The document also states that an appeal lay even from an interim order of the Appellate Tribunal, but only before the High Court having territorial jurisdiction under the statute. As the petitioners did not meet that jurisdictional requirement, the writ petitions were not maintainable before this Court and they were directed to pursue the statutory appellate remedy before the competent High Court.




                          Issues: Whether the writ petitions were maintainable in view of the statutory appellate remedy under the foreign exchange law and whether the petitioners could be permitted to invoke writ jurisdiction despite the availability of an appeal to the appropriate High Court.

                          Analysis: The proceedings had been initiated during the sunset period under the Foreign Exchange Management Act, 1999, permitting recourse to the repealed regime for adjudication, but the appellate forum for such matters was held to lie under the later statutory framework. The Court applied the rule that where an effective statutory appeal is available, writ jurisdiction should ordinarily not be exercised, save in exceptional cases such as complete lack of jurisdiction or breach of natural justice. It further held that an appeal lay even from an interim order of the Appellate Tribunal, but only before the High Court having territorial jurisdiction under the statute. Since the petitioners did not satisfy the jurisdictional requirement for this Court, the writ petitions could not be entertained.

                          Conclusion: The writ petitions were not maintainable before this Court and the petitioners were left to pursue the statutory appeal before the concerned High Court.

                          Final Conclusion: The dispute was disposed of on the basis of the availability of an efficacious statutory appellate remedy and the absence of territorial jurisdiction in this Court, while preserving the petitioners' right to approach the competent forum.

                          Ratio Decidendi: Where a statute provides an appellate remedy against an order of a tribunal, writ jurisdiction should ordinarily not be invoked, and the challenge must be taken before the statutorily designated appellate court having jurisdiction.


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                          ActsIncome Tax
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