2003 (11) TMI 39

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..... tion 253 empowers the Appellate Tribunal to condone the delay in filing appeal, if it is delayed. The petitioner has a further remedy of second appeal under section 260A of the Act to the High Court against the order of the Tribunal and then lastly to the Supreme Court under article 136 of the Constitution of India – Since alternate remedy is available, writ petition is not maintainable - Writ P .....

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..... s an alternative remedy of appeal available to get rid of the impugned first appellate order. It is indeed a well settled rule of law judicially so recognised by a series of decisions of the Supreme Court that when an aggrieved person has statutory remedy available to get rid of the order, then the said remedy must be availed of in the first instance before filing a writ under articles 226 and 2 .....

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..... on 260A of the Act to the High Court against the order of the Tribunal and then lastly to the Supreme Court under article 136 of the Constitution of India. In other words, the Act provides for a specific and complete forum of remedies to be resorted to and hence it would not be in the fitness of things to entertain the writ. I, therefore, do not find any merit in the writ. Indeed, once I hold th .....

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