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TMI Blog2020 (12) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... acceptable explanation from the Petitioner for not having resorted to that alternative remedy provided under the statute. Reliance can be placed in the case of ASSISTANT COLLECTOR OF CENTRAL EXCISE, CHANDAN NAGAR VERSUS DUNLOP INDIA LIMITED AND OTHER [ 1984 (11) TMI 63 - SUPREME COURT ] where it was held that Article 226 is not meant to short-circuit or circumvent statutory procedures. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated:- 30-11-2020 - Hon'ble Mr. Justice P.D. Audikesavalu For the Petitioner : Mr. Joseph Prabakar For the Respondent : Mr. M.Santhanaraman, Standing Counsel ORDER Heard Mr. Jospeh Prabakar, Learned Counsel for the Petitioner and Mr. M.Santhanaraman, Learned Standing Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent. 3. 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] has succinctly explained the legal position relating to the exercise o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity 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 the correctness or otherwise on the merits of the controversy involved i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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