2020 (12) TMI 906

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..... ayaprathap, Government Advocate ORDER Heard Mr. A.N.R.Jayaprathap, Learned Government Advocate appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2. There is no representation for the Petitioner when the matter is called at 1.29 p.m. and 3.10 p.m. 3. The Writ Petition challenges the Order in 33251522660/2014-2015 dated 19.11.2015 p .....

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..... e explanation from the Petitioner for not having resorted to that alternative remedy provided under the statute. It requires to be highlighted 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 fo .....

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..... itution 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 the aforesaid legal position, this Court does not express any view on the correctness or otherwise on the merits of the controversy involved in this case. 5. In the result, the Writ Petit .....

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