Disputed facts and a functional statutory tribunal can justify declining writ interference and directing parties to the alternate remedy.
Where a writ petition raises a disputed question of fact, and an effective statutory appellate forum is available and fully functional, the Court may decline to interfere and leave the party to pursue the alternate remedy. The dispute concerned whether the goods were accompanied by the required documents and whether the declaration-form provisions applied on the facts. Because factual controversy remained unresolved and the Tribunal had become operational, the appellate court was slow to disturb the discretion exercised in relegating the petitioner to that forum. The writ appeal therefore failed, and the petitioner was directed to pursue remedies before the Tribunal on merits.
Issues: Whether the writ petitioner should be relegated to the statutory Tribunal when the dispute involved factual controversy and the Tribunal had become functional.
Analysis: The dispute turned on whether the goods were accompanied by the required documents and whether the provisions relating to declaration forms applied in the facts of the case. The Court noted that there was a disputed question of fact and that, ordinarily, a party should be left to pursue the alternate statutory forum in such circumstances. It also noted that the Tribunal had become fully functional, removing any practical reason to bypass the statutory appellate remedy. In such a situation, the appellate court would be slow to interfere with the discretion exercised by the Single Judge in relegating the petitioner to the Tribunal.
Conclusion: The decision to direct the petitioner to pursue the Tribunal was upheld.
Final Conclusion: The writ appeal failed, and the petitioner was left to pursue its remedies before the Tribunal on merits.
Ratio Decidendi: Where a writ petition raises a disputed question of fact and an effective statutory appellate forum is available and functional, the Court may decline to interfere and leave the parties to pursue the alternate remedy.
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