2021 (7) TMI 1063

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....y on their products. 3. On perusal of the affidavit filed in support of the writ petition as well as the grounds raised, this Court is of the opinion that all relatable to the facts, which all are to be adjudicated with reference to the documents and the evidences. 4. Mixed question of law and facts are to be adjudicated at the first instance before the Appellate Authority by the petitioner and this Court cannot conduct roving enquiry in respect of such disputed facts. 5. Preferring an appeal is the rule. Entertaining a Writ Petition before exhausting the appellate remedy is an exception. Undoubtedly, writ proceedings may be entertained before exhausting the appellate remedy. However, it is to be ensured that there is an imminen....

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....itutions. The appellate institutions provided under the statute at no circumstances be undermined by the higher Courts. The appellate forums are the final fact finding authorities and more so, possessing expertise in a particular field. Thus, the finding of such appellate forums would be a valuable assistance for the purpose of exercise of judicial review by the High Court under Article 226 of the Constitution of India. The High Court cannot conduct a roving enquiry with reference to the facts and circumstances based on the documents and evidences. Based on the mere affidavits filed by the litigants, the disputed facts cannot be concluded. Thus, the importance of fact finding by the appellate forums is of more value for the purpose of pr....