2025 (12) TMI 44

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....enior Advocate (through V.C), a/w Ms. Neha Mehta, Ms. Aayushi Gohil, Mr. Umair Merchant and Ms. Rima Ajmerwalla i/by M.T. Miskita & Company,. For the Respondents: Mr. Ram Ochani, i/by Ms. Sangeeta Yadav,. P.C.:- 1. Heard Mr. Mehta, learned counsel for the petitioner and Mr. Ochani, learned counsel for the respondent. 2. The challenge in this petition is to the order dated 27 December 2....

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....ad been considered in the impugned order. He submitted that the petitioner's defence has been confused with the defence of some other parties, and on that basis, the impugned order has been made. He submits that this amounts to a gross violation of principles of natural justice, which is one of the exceptions based upon which the rule of exhaustion of alternative remedies may not be enforced. 5....

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....not be proper for us to deviate from the normal rule of exhaustion of alternate remedies statutorily provided in such matters. 8. In this case, a detailed review would be necessary only to determine whether there is, indeed, a breach of natural justice, as alleged. This would involve an investigation into the disputed issues, including determining prejudice, if any. A mere breach of natural jus....

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....ion of India and Ors Civil Appeal No. 6719 of 2012 decided on 12 November 2025., highlighting the importance of exhaustion of alternate remedies and not attempting to bypass them, unless the matter would be traced to some of the well-settled exceptions to this practice. In the present case, we are satisfied that none of the exceptions apply. Therefore, we propose not to entertain this petition but....