2013 (10) TMI 1274

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..... s are not meant to examine and correct errors and mistakes made in the original adjudication as an alternative forum - Writ proceedings are extraordinary in nature and are invoked in extraordinary circumstances - there is no dispute in respect of inherent or subject matter jurisdiction – Decided against Petitioner. Reliance placed by the petitioner on Kamlakshi Finance Corporation Ltd. (1991 (9 .....

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..... e not been given due consideration and even the circular issued has not been correctly applied. He relies upon decision of the Supreme Court in Union of India Vs. Kamlakshi Finance Corporation Ltd. 1991 (55) ELT 433 (SC). He submits that question of mala fides has been raised. It is accepted and admitted that the statute itself provides for appellate remedy. The order on merits can be examined a .....

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..... n there is an error which relates to inherent or subject matter jurisdiction of the adjudicating authority. In the present case, there is no dispute in respect of inherent or subject matter jurisdiction. There are other extreme cases where writ jurisdiction can and should be invoked. The petitioner in the present case is entitled to rely upon the decisions on merits referred to in the submissions .....

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