Case Law Details
Faisal Ahmed Abdul Malik Javeri Vs Union of India (Bombay High Court)
No doubt, there are certain decisions, in which it has been held that the provisions of Customs Act will not affect the powers of jurisdiction of this Court under Article 226 of the Constitution of India. There is absolutely no dispute as regards such a proposition. This, however, means that in a given case there can be absolutely no bar to this Court examining orders made by statutory Authorities without requiring the petitioners to avail of alternative remedies that may be available under the Statute. In the facts and circumstances of the present case, however, no case is made out to entertain these writ petitions when there is really nothing demonstrated as to why the petitioners cannot avail the alternate remedy of appeal, which is very much available to them. The contention that the requirement of pre-deposit itself constitutes a hardship, is neither pleaded nor elaborated. In any case, once the constitutional validity of such provision is upheld, we are not inclined to issue any writ or direction to the Appellate Authority to waive such mandatory requirement and entertain the petitions.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
1] Heard learned counsel for the parties.
2] Learned counsel for the parties state that the issue involved in all these petitions is identical and therefore, all these petitions can be disposed of by common order. At their request, Writ Petition No. 6713 of 2018 is treated as the lead petition for sake of convenience.
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