9911796707
TMI Blog2020 (12) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... ISTANT COLLECTOR OF CENTRAL EXCISE, CHANDAN NAGAR VERSUS DUNLOP INDIA LIMITED AND OTHER [ 1984 (11) TMI 63 - SUPREME COURT ] has succinctly explained the legal position relating to the exercise of discretionary powers under writ jurisdiction and held that It is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations as for instance where the very vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Heard Mr. V.Sundareswaran, Learned Standing Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 3. The Respondent by Order-in-Original No.615/2016-AIR, dated 29.06.2016 had passed an order for confiscating goods under the provisions of the Customs Act, 1962 (hereinafter referred to as 'the Act' for short). The sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resorted to that alternative remedy provided under the statute. In this context, it must be recapitulated here that the Hon'ble Supreme Court of India in Assistant Collector of Central Excise -vs- Dunlop India Limited [(1985) 1 SCC 260] has succinctly explained the legal position relating to the exercise of discretionary powers under writ jurisdiction as follows:- 3. Article 226 is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose of obtaining interim orders and thereafter prolong the proceedings by one device or the other. The practice certainly needs to be strongly discouraged. Having regard to that legal position, this Court does not express any view on the correctness or otherwise on the merits of the controversy involved in the matter. In the result, the Writ Petition, which cannot be entertained, is di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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