9911796707
TMI Blog2020 (12) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... before that Appellate Authority, but has instead filed this Writ Petition - HELD THAT:- 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 powers under writ jurisdiction holding that It is only where sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court is not inclined to delve into the merits of the controversy involved in this case, touching upon disputed questions of fact for effectual and complete adjudication of the matter. Petition dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... h appeal before that Appellate Authority, but has instead filed this Writ Petition on 04.09.2015 challenging the order passed by the Respondent. 3. It must, at once, be emphasized 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 pow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity 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." There is no acceptable explanation from the Petitioner for not having resorted to that alternative remedy provided under the statute. It is also not the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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