2017 (8) TMI 1679

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....r : Suyash Agarwal. Counsel for Respondent : S.C., Shubham Agarwal. ORDER Heard Shri R. R. Agarwal learned Senior Counsel assisted by Shri Suyash Agarwal learned counsel for the petitioner and Shri Shubham Agarwal learned counsel for respondent no. 1. Shri Shubham Agarwal has raised the preliminary objection that the order impugned in this petition is appelable and therefore ....

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.... in the counter affidavit. The mere fact that the department may or may not have raised the above objection earlier would not obliterate the legal position as the right to file appeal available under the Act. Thus, irrespective of the fact that there was no objection earlier regarding alternate remedy as undisputedly the petitioner has a remedy of filing an appeal against the impugned order, we....