Case Law Details
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 under Article 227 of Constitution of India should be dismissed in limine when there is statutory provision of appeal. In another case Ansal Housing and Construction Limited vs. State of Uttar Pradesh and others (2016) 13 SCC 305 it is held that when there statutory appeal is provided, then the said remedy has to be availed.
In view of the aforesaid and also looking to the fact of availability of an efficatious alternative remedy, we do not find it proper to entertain these petitions. Petitioner would be at liberty to avail the alternative remedy in accordance with law, if so advised.
FULL TEXT OF THE JUDGMENT/ORDER OF MADHYA PRADESH HIGH COURT
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