2010 (5) TMI 255

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....e Appellant. Shri K.K. Maiti Advocate, for the Respondent. [Order]. - The Court We are of the view, it is no use disposing of the application only, rather having regard to nature and extent of the matter, by consent of the parties, dispensing with all the formalities, the appeal itself is taken up for hearing along with the stay application. 2. This appeal assails the order of the learned singl....

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....the parties on this issue. The only point for consideration is whether the Hon'ble court of the first instance on the facts and circumstances of the case was justified in dismissing the writ petition on the point of existence of alternative remedy. We are of the view, alternative remedy does not render a writ petition non-maintainable. Such plea may be relevant to issue of entertainability which c....

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....alternative remedy is not a bar in entertaining the writ petition and to decide the same on merits, wherever it is possible. While hearing the learned counsel and going through the materials, we find that it was possible for the writ Court to decide the matter on merits when, it is alleged, amongst others, that the adjudicating authority, namely, the Assistant Commissioner of Central Excise had ta....