Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Writ jurisdiction over pending tribunal proceedings barred when alternative remedies exist; parallel filings treated as abuse of process

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Writ jurisdiction under Articles 226 and 227 was held unavailable to seek early listing of a transfer application or restraint on a tribunal's adjudicating bench while proceedings were pending before the competent tribunal. The text states that constitution of a special Bench and vacation listing fell within the exclusive prerogative of the Tribunal President, and that such relief should be pursued before the tribunal itself. It also notes the availability of an alternative statutory remedy, the belated filing of the transfer application after participation in insolvency proceedings, and that pursuing substantially identical reliefs in multiple forums amounted to forum shopping and abuse of process, leading to dismissal with costs.....