2008 (5) TMI 652

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....on Bench of the High Court of Bombay in Writ Petition No.1123 of 1997 whereby the Division Bench dismissed the writ petition of the appellant solely on the ground that alternative remedy being available the appellant must resort to the alternative remedy. Heard the learned counsel for the parties. By now it is a well settled principle of law that availability of alternative remedy is not an ....

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....87 (hereinafter the 'Act'). We are clearly of the view that as the respondent-Union of India has clearly admitted the liability, the High court ought not to have relegated the appellant to his alternative remedy and should not have dismissed the writ petition on that count. There is no disputed question of fact in this case. As already noted, in the present case the respondent had admit....