Legal Challenge Dismissed: Alternative Remedy Available Under Established Precedent Bars Direct Intervention The GHC, with Justices Karia and Ray, dismissed petitions based on the SC precedent that an alternative efficacious remedy exists for challenging the ...
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Legal Challenge Dismissed: Alternative Remedy Available Under Established Precedent Bars Direct Intervention
The GHC, with Justices Karia and Ray, dismissed petitions based on the SC precedent that an alternative efficacious remedy exists for challenging the original orders. Referencing a prior SC decision, the court determined that the petitioner could pursue an alternative legal route, thereby declining to entertain the current petitions and disposing them accordingly.
The Gujarat High Court, presided over by Honourable Justices Bhargav D. Karia and D.N. Ray, addressed petitions involving the petitioner represented by Kuntal A. Parikh and respondents represented by Ms. Shrunjal Shah and Mr. Ankit Shah. The court referenced the Supreme Court's decision in "Assistant Commissioner of State Tax and others vs. M/s. Commercial Steel Limited," 2021 (9) TMI 480 SC, to conclude that an "alternative efficacious remedy" exists for the petitioner to challenge the impugned orders-in-original. Consequently, the court decided not to entertain the petitions on the grounds of this available alternative remedy and disposed of both petitions accordingly.
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