2020 (12) TMI 475

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..... tice P.D. Audikesavalu For the Petitioner : Mr. Joseph Prabakar For the Respondents : Mr. S.Rajasekar, Standing Counsel ORDER Heard Mr. Joseph Prabakar, Learned Counsel for the Petitioner and Mr. S.Rajasekar, Learned Standing Counsel appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2. The Respondent by Order-in-Original No. 19/ .....

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..... ceptable 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 of discretionary powers under writ .....

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..... 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 in the matter. In the result, the Writ .....

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