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2017 (9) TMI 990

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....h Ganguli, Adv. Ms. Aishwarya Rajyashree, Adv. For the Respondents ORDER The Court : An order dated May 4,2017 passed by the Commissioner of Central Excise, Kolkata-II Commissionerate is under challenge in the present writ petition. Learned Advocate for the petitioners submits that, although the impugned order in original is appellable, the existing statutory alternative remedy does not b....

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....ealt with, the order in original gives adequate and proper reasons for impositions as contained therein. He submits that, the grounds sought to be taken by the petitioners can be well be taken before the appellate authority. In such circumstances, he submits that, the writ should not be entertained. I have considered the rival contentions of the parties and the materials made available on recor....

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....f it can be established that, the fundamental rights stand breached, or that the order in original is wholly without jurisdiction or that, the impugned order was passed in breach of the principles of natural justice, or that the impugned order is non-speaking, or that the order impugned is vitiated by fraud or malice. In the present case the order in original considers the rival contentions of ....