2006 (4) TMI 144

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.... 2.The prayer in this writ petition is for the issuance of writ of certiorarified Mandamus to call for the records culminating in the impugned communication dated 20-3-2006 bearing No. C. No. IV/16/9/04 Prov. Asst. (PF) issued by the third respondent to the fourth respondent herein and to forbear the first and the third respondents from initiating any coercive action against the petitioner so as ....

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....disposed of by the common order in A. Nos. 61, 62 and 87/2005 (M-1) dated 7-2-2006, rejecting the appeals filed by the petitioner. Subsequent to the order passed by the Commissioner of Central Excise (Appeals), Chennai-34, the third respondent herein viz., Assistant Commissioner of Central Excise (Apeals), Chennai-34, by his proceedings in C. No. IV/16/9/04  Prov. Asst. (PF) dated 20-3-2006, ....

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....petition has been filed. 6.Mr. V.T. Gopalan, learned Additional Solicitor General of India, submits that for the purpose of getting an interim order, the writ petition cannot be filed, when an effective alternative statutory remedy of appeal is available to the petitioner. In support of the said contention, the judgment of this Court rendered in Collector of Customs, Madras v. Madras Electro Ca....

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....pplies to the facts of this case. There is no dispute as pointed out above that an appeal remedy is available to the petitioner and in fact, the petitioner is in the process of filing an appeal and instead of approaching the Tribunal to get interim orders, the above writ petition filed by the petitioner cannot be entertained. Therefore, the above writ petition fails and the same is dismissed. No c....