CJ Darcl Logistics Limited Vs Union of India (Jharkhand High Court)
In CJ DARCL Logistics Limited Vs Union of India, the Jharkhand High Court declined to entertain a writ petition on the ground of availability of an alternate statutory remedy. The respondents informed the Court that although judicial hearings had not commenced due to vacancies, the appellate tribunal was accepting filings and steps were being taken to fill vacancies so that it could function fully.
The Court noted that the impugned order was appealable before the tribunal. Since the petitioner was only seeking interest on a refund already allowed, there would be no requirement of pre-deposit for filing the appeal. The petitioner contended that it had already spent considerable time in litigation and should not be relegated to the statutory remedy. The Court rejected this argument, holding that alternate remedies cannot be bypassed on such grounds.
Accordingly, the writ petition was not entertained. Liberty was granted to the petitioner to file an appeal before the tribunal raising all contentions. The Court directed that if the appeal is filed within four weeks from uploading of the order, the tribunal shall decide it on merits without considering limitation, as the petitioner had bona fide pursued the writ petition amid confusion regarding the tribunal’s functionality. The petition was disposed of without costs.
