2014 (6) TMI 344

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....espondent : Sri Thomas Mathew Nellimoottil ORDER The petitioner has approached this Court with the following prayers: "i) to call for the records of the case leading to the issue of Ext.P4 stay order passed by the 2nd respondent and to quash the same by the issue of Writ of certiorari or any other appropriate writ, order or direction. ii) to stay all the proceedings for recovery of the....

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....the Commissioner of Central Excise, pointing out the facts and figures and also the relevant provisions of law. It is brought to the notice of this Court that the remedy of the petitioner is to file an appeal, by virtue of specific mandate under Section 35G of the Central Excise Act and not a writ petition under Article 226 of the Constitution of India . The decision rendered by the Apex Court in ....

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....ng Counsel brought to the notice of this Court that a similar view has already been taken by this Court as well, as per the decision in W.P.(C) 4399/2014 (as per judgment dated 13.02.2014) 5. After hearing both the sides, this Court finds that the proper remedy of the petitioner is to avail the statutory remedy by way of appeal and as such, this writ petition is not maintainable. Considering th....