2015 (2) TMI 437

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..... t, 1962. It is repeatedly held by this Court on very many occasions that when a statutory remedy of appeal is available, more particularly, in fiscal matters, question of approaching this Court under Article 226 does not arise for seeking the relief or challenging the order passed by the adjudication authorities - Present petition not maintainable - Decided against assessee. - W.P.(MD)No.19328 of .....

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..... o) of the Customs Act, 1962 read with Section 3(3) of the Foreign Trade (D R) Act, 1992. Further, penalty of ₹ 35,000/- was imposed on the petitioner through the impugned order. 3. Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents. 4. A perusal of the impugned order would show that as against the order made in original, an appe .....

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..... hare -vs- Assistant Director, directorate of Enforcement and Another reported in (2010) 4 SCC 772 4) Metal Weld Electrodes -vs- CESTAT, Chennai reported in 2014 (299) ELT 3 DB. 5. Considering the above stated position with regard to the availability of alternative remedy to the petitioner, I am of the view that the present writ petition is not maintainable and hence, the writ petition is dis .....

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