2025 (7) TMI 1247

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..... Chandrashekhar and Mr. Abhishek Mishra,. PC:- 1. Heard learned Counsel for the parties. 2. The order impugned in this Petition is clearly appealable. The Petitioner has cleverly avoided the mandatory pleadings regarding an alternative remedy. Instead, in paragraph 28, there is a vague statement that the Petitioners have "tried every other possible way to resolve the issue, but none of t....

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....s that an appeal would require a pre-deposit of 7½%. This seems to be the real reason for directly approaching the High Court. The learned Counsel, without prejudice to his arguments, also urged that we should consider waiving this pre-deposit amount if the Petition is to be relegated to the remedy of an appeal. Why such special treatment in variance of the statutorily prescribed procedure ....

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....n Oberoi Constructions Limited (supra) and the precedents referred to therein, we are satisfied that no case is made out to entertain this Petition. Instead, the Petitioner is required to be relegated to the alternate remedy, which is quite efficacious if the Petitioner chooses to avail of the same. 8. For the above reasons, we decline to entertain this Petition and dismiss the same without any....