Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Whether the Tribunal had jurisdiction to entertain an interim application filed by borrowers in pending SARFAESI proceedings challenging a Recovery Officer's order under the RDDBFI Act: the court held the RDDBFI Act and SARFAESI Act create separate, non-clubbable remedies; an appeal under s.30 RDDBFI would invoke s.30A deposit obligations, so borrowers impermissibly used SARFAESI proceedings to avoid statutory deposit. Because the Tribunal knowingly entertained the application despite the alternative remedy, its order was without jurisdiction and is set aside; the appeal is allowed. - AT
Whether the Tribunal had jurisdiction to entertain an interim application filed by borrowers in pending SARFAESI proceedings challenging a Recovery Officer's order under the RDDBFI Act: the court held the RDDBFI Act and SARFAESI Act create separate, non-clubbable remedies; an appeal under s.30 RDDBFI would invoke s.30A deposit obligations, so borrowers impermissibly used SARFAESI proceedings to avoid statutory deposit. Because the Tribunal knowingly entertained the application despite the alternative remedy, its order was without jurisdiction and is set aside; the appeal is allowed. - AT
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