2020 (12) TMI 480

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....r. S. Rajasekar ORDER ( through video conference ) Heard Mrs. L.Maithili, Learned Counsel for the Petitioner and Mr. S.Rajasekar, Learned Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2. The Respondent by Order-in-Original No.65516/2018 dated 28.09.2018 had passed an order under the provisions of the Customs Ac....

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....that the Hon'ble Supreme Court of India in Assistant Collector of Central Excise -vs- Dunlop India Limited [(1985) 1 SCC 260] has succinctly explained the legal position relating to the exercise of discretionary powers under writ jurisdiction as follows:- "3. Article 226 is not meant to short-circuit or circumvent statutory procedures. It is only where statutory remedies are entirely ....

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....ctice certainly needs to be strongly discouraged." There is no acceptable explanation from the Petitioner for not having resorted to that alternative remedy provided under the statute. 4. When the aforesaid legal position was pointed out, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to that procedure. She has also file....

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.... pre-deposit for the purpose of taking the appeal on record. On an application by the Petitioner seeking waiver of pre-deposit, the CESTAT may be directed to take into account the Bond of Rs. 40 Crores, (which is about 20 times the predeposit amount) for the purpose of entertaining the appeal." 5. This Court, without expressing any view on the correctness or otherwise on contentions of the Peti....