Writ bid to revive order despite available appeal, citing inability to meet pre-deposit; petitions dismissed, appeal route enforced. The dominant issue was maintainability of a writ seeking revival of an order, despite an available statutory appellate remedy, on the plea of financial ...
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Writ bid to revive order despite available appeal, citing inability to meet pre-deposit; petitions dismissed, appeal route enforced.
The dominant issue was maintainability of a writ seeking revival of an order, despite an available statutory appellate remedy, on the plea of financial inability to comply with the pre-deposit condition. The HC held that once the petitioner had already been relegated to the Appellate Tribunal, it would not entertain a further application to bypass that remedy. The SC found no ground to interfere under Article 136, and dismissed the SLPs, leaving the petitioner to pursue the appellate remedy subject to the pre-deposit requirement.
Delay was condoned. The Court declined to interfere with the impugned judgment, holding: "We do not find a good ground to interfere with the impugned judgment in exercise of our jurisdiction under Article 136 of the Constitution of India." On that basis, the special leave petitions were dismissed. Any pending application(s), if any, were disposed of.
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