9911796707
TMI Blog2024 (12) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... ent-State: Mr Amar Mishra, AGP,. PC:- 1. Heard learned counsel for the parties. 2. This is yet another case in which the Petitioner has tried to take chances by making misleading statements and omitting to make statements that are required in such matters in the context of the availability of alternate remedies. 3. As against the impugned order dated 28 March 2024, contrary to the misleading ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urisdiction of Ld. Respondent no.3 and this writ petition is only remedy. 16. The Petitioner has not filed any other Petition in this Hon'ble Court or in the Hon'ble Supreme Court of India or any other Hon'ble High Court in respect of the subject matter of this Petition." 5. The Petitioner argues that no proceedings could have been initiated under the said Act because the dispute was already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd A.7 without anything more. Based upon such bald assertions, the practice of exhaustion of alternate remedies cannot be deviated. 7. The Petitioner was required to explain why the practice of exhausting alternate remedies should be abandoned in this case. No such reasons are either pleaded or urged. The attempt was to simply take a chance by avoiding the alternate remedies provided by the statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. Since the trend is on the rise and this is a case where misleading averments were made, we impose costs of Rs. 1,00,000/- on the Petitioner, payable within four weeks from today. Out of this cost amount, Rs. 50,000/- should be paid to Tata Memorial Hospital. The details of which are as follows:- Bank Name : Central Bank of India Branch : Tata Memorial Hospital Address, Telephone Num ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the Petitioner states that the appeal will be filed within four weeks after paying the costs. Suppose such an appeal is indeed filed within four weeks after complying with all the preconditions required under the law and paying the costs. In that case, the Appellate Authority should entertain the appeal on merits without adverting to the limitation issue. This is because the Petitioner inst ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
