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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.
Provisions expressly mentioned in the judgment/order text.
<h1>Statutory Alternative Remedy Prevails: GST Adjudication Order Challenge Dismissed with Preserved Substantive Arguments</h1> HC dismissed writ petition challenging GST adjudication order, holding statutory alternative remedy exists. All substantive points raised in the petition ... Availability of alternative statutory remedy - maintainability of writ petition - right to pursue statutory appellate remedyAvailability of alternative statutory remedy - maintainability of writ petition - Writ petition dismissed on the ground of availability of an alternative statutory remedy; substantive points left open for consideration by the appellate authority. - HELD THAT: - The High Court declined to entertain the writ petition challenging the adjudication order dated 21 June 2022, holding that a statutory alternative remedy is available and accordingly the petition is not maintainable at this forum. The Court expressly refrained from adjudicating the substantive grounds raised and directed that all points pressed in the writ petition may be agitated before the appropriate appellate authority under the statutory scheme. No consideration was given on merits, the dismissal being founded solely on the availability of the statutory remedy.Writ petition dismissed for non-maintainability in view of an available statutory remedy; matters reserved for the appellate authority.Final Conclusion: The writ petition is dismissed on the ground that a statutory alternative remedy is available; the petitioner remains free to pursue all contested points before the designated appellate authority. The Calcutta High Court dismissed the writ petition challenging an adjudication order under the WBGST Act, citing availability of statutory alternative remedy. All points raised in the petition are kept open for the petitioner before the appellate authority.
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