When statutory appeal is provided, then said remedy has to be availed

Rama Phosphate Limited Vs Joint Director, DGCEI (Madhya Pradesh High Court) Preliminary objection is raised by the learned counsel for the respondents to the effect that impugned order is appealable under Section 128 of Customs Act, 1962 before the Commissioner. Apex Court in the case of Hindustan Coca Cola Beverage Private  Limited vs. Union of India and others (2014) 15 SCC 44 in which it is held that when the statute provides for statutory appeal, the said remedy is to be availed by the litigating parties. In Hameed Kunju vs. Nizam  (2017) 8 SCC 611 the Apex Court held that any petition u...