2015 (11) TMI 1655

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....rnimesh Dube, Advs. For the Respondent : Mr. Amit Mahajan & Mr. Nitya Sharma, Advs. for UOI. O R D E R 1. This order is in continuation of the previous order dated 7th October, 2015. The counsel for the respondent No.2 Joint Director, Directorate of Enforcement, Government of India has contended, i) that this Court does not have the territorial jurisdiction to entertain this petition. It ....

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....rity and once there is an alternative remedy, the ordinary rule is that petition under Article 226 would not be entertained. It is again contended that if one party prefers a writ petition and another party prefers the appeal, the possibility of conflicting decisions arises; attention is also drawn to Section 26(4) to contend that the Appellate Tribunal has the jurisdiction to either confirm or mo....

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....ready been recorded in the order dated 7th October, 2015. 4. Even otherwise, I am of the opinion that even if the petitioner was to seek the relief as is claimed in this petition before the Appellate Authority / Tribunal, the Appellate Authority also would also necessarily have to depend upon the respondent No.2 to assess whether the alternative property offered by the petitioner is of equivale....

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....atisfy the respondent No.2 on all aspects in support of its representation. (iv) The petitioner shall render all further information and particulars as may be required by the respondent No.2 to be able to make the said decision. (v) The respondent No.2 shall pass a reasoned order on the representation aforesaid of the petitioner on or before 31st December, 2015. (vi) In ....