Statutory appellate remedy may be pursued through a converted writ petition where rejection was non-speaking and delay was condoned.

Where a regulatory framework provides an appeal against rejection of waiver of demurrage charges to the next higher authority, a writ court may decline to decide the matter on merits and instead direct recourse to the statutory appellate forum. If the original rejection is made without reasons, the court may treat the writ petition as the appeal, condone the delay in filing it, and require the appellate authority to consider the petition and annexures after a full hearing and by a reasoned order. The appellate decision is then to be taken in accordance with law.

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Issues: Whether the writ petition should be treated as an appeal before the appropriate authority and whether the delay in preferring such appeal should be condoned.

Analysis: The Court noted that the applicable regulatory framework contemplated an appeal against rejection of waiver of demurrage charges to the next higher authority, whose decision was to be final. It also found that the authority had summarily rejected the petitioner's plea without reasons. In that situation, the Court considered it appropriate to permit the matter to be pursued before the appellate authority and treated the writ petition itself as the appeal. The Court further condoned any delay in filing the appeal and directed that the petition and annexures be treated as part of the appeal record, with the authority to decide the matter after full hearing by a reasoned order.

Conclusion: The writ petition was converted into an appeal, the delay was condoned, and the matter was sent to the competent authority for fresh decision.

Final Conclusion: The dispute was not decided on merits by the writ court and was instead left to the statutory appellate forum for adjudication in accordance with law.

Ratio Decidendi: Where an appellate remedy is available and the original request has been summarily rejected without reasons, the writ court may decline merits adjudication and direct consideration by the competent appellate authority after condoning delay when necessary.

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