Alternative statutory remedy bars writ relief where appealable orders remain unchallenged under foreign trade law.

A writ petition may be declined where the challenged action is appealable under the Foreign Trade (Development and Regulation) Act, 1992 and an efficacious statutory forum remains available. The Karnataka HC noted that the impugned order and the subsequent communication were appealable, and the petitioner had not amended the writ petition to challenge those later proceedings before the proper forum. In that situation, the Court held that writ relief should not be entertained, including on grievances relating to natural justice, and relegated the petitioner to the appellate remedy.

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Issues: Whether the writ petition was maintainable in view of the appealable order passed under the Foreign Trade (Development and Regulation) Act, 1992, and whether the petitioner could pursue writ relief without first challenging the subsequent order and communication before the appropriate forum.

Analysis: The impugned order dated 09.10.2018 and the subsequent communication dated 06.11.2018 were stated to be appealable under Section 15 of the Foreign Trade (Development and Regulation) Act, 1992. The petitioner had not yet challenged those later proceedings by amending the writ petition. In these circumstances, the Court found that the writ remedy should not be entertained when an efficacious statutory forum was available to examine the validity of the subsequent orders, including the grievance relating to natural justice.

Conclusion: The writ petition was dismissed, with liberty to the petitioner to pursue the appropriate appellate forum against the order dated 09.10.2018 and the communication dated 06.11.2018.

Ratio Decidendi: Where an appealable statutory remedy exists against the impugned action, the writ court may decline to entertain the petition and relegate the party to the appropriate forum.

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