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2020 (12) TMI 1138

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..... 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 where it was held that It is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations as for instance where the very vires of the statute is in qu .....

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..... 11-2020 - Hon'ble Mr. Justice P.D. Audikesavalu For the Petitioner : Mr. Karthik Seshadri For the Respondent : Mr. V.Sundareswaran, Standing Counsel ORDER Heard Mr. Karthik Seshadri, Learned Counsel for the Petitioner and Mr. V.Sundareswaran, Learned Standing Counsel for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. .....

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..... rder 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 powers under writ jurisdiction, in the following words:- 3. Article 226 is not meant to short-circuit or c .....

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..... m 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 case of the Petitioner that the contentions raised in this Writ Petition could not be agitated in the appeal .....

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