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TMI Blog2020 (12) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... on - HELD THAT:- There is no acceptable explanation from the Petitioner for not having resorted to that alternative remedy provided under the statute. Hon ble Supreme Court of India in ASSISTANT 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndar Senior Central Government Standing Counsel ORDER There is no representation for the Petitioner when the matter is called at 1.00 p.m. 2. Heard Mr. S.R.Sundar, Learned Senior Central Government 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.140/2016-AIR, dated 29. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled this Writ Petition on 21.06.2016 challenging the order passed by the Respondent. 4. There is no acceptable explanation from the Petitioner for not having 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] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matters. We can also take judicial notice of the fact that the vast majority of the petitions under Article 226 of the Constitution are filed solely for the 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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