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2018 (8) TMI 640
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....rashant Nakati for the Petitioners. Mr. Karan Adik with Mr. Ram Ochani for the Respondents. P.C: 1. The petitioners in this petition claim that petitioner No.1 is a Clearing and Forwarding Agent and petitioner No.2 is its Director. 2. The petitioner No.1 was operating under a licence granted in terms of the Customs Brokers Licensing Regulations, 2013. 3. The licence was grant....
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....d we should interfere in our writ jurisdiction even though there is a remedy available to the petitioners of approaching the Customs, Excise and Service Tax Appellate Tribunal. 7. The counsel appearing for the petitioners would argue that availability of alternate and equally efficacious remedy is not an absolute bar in invoking exercise of writ jurisdiction. That is a rule of caution and prude....
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...., therefore, would not suffice far from taken to be as compliance with law. 11. The respondents, appearing through Mr. Adik, however, reiterated that the petitioners must approach the Tribunal for there is a dispute on facts and it is not admitted that there is no compliance with the rules. The petitioners have rushed to this Court after filing of a representation and thus this is a case of all....
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.... it is alternate and equally efficacious. The misconception that an appeal can be filed only if there is an order passed and duly served on the parties like the petitioners need not detain us. We have clearly said that it is a misconception, for even inaction or noncompliance with the rules or not passing a specific order of suspension but putting up a one line communication or note of suspension ....