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TMI Blog2024 (12) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... r, with Sangeeta Yadav,. PC:- 1. Heard Mr Pathak for the Petitioner and Mr Chandrashekar for the Respondents. 2. This is yet another case where the Petitioner has tried to take a chance with the proceedings in this Court after making false and incorrect statements in the Petition. 3. The Petitioner challenges the impugned order dated 1 August 2024 issued pursuant to the show cause notice dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal ("CESTAT"). The particulars of the appellate authority have also been provided. Despite all this, the Petitioner, in paragraphs 40 and 41, states that there is no alternative or efficacious remedy available to them except the present Writ Petition. This averment, to say the least, is misleading. Mr Pathak was unable to show us any other averments in the Petition that would just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Constructions Ltd Vs. The Union of India and Others), we have surveyed the decisions on the practice of exhaustion of alternate remedies. We have also pointed out the increasing trend of taking chances by instituting Petitions under Articles 226 and 227 of the Constitution of India by making incorrect and frivolous averments in the Petition. By adopting the reasoning therein and noting that this i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner in the context of the limitation period in instituting the appeal and the timeline within which such appeal would be instituted. At this stage, Mr Pathak, the learned Counsel for the Petitioner, states that the Petitioner has already filed an appeal since recovery proceedings were initiated. 9. No amendment was sought to this Petition, and Mr Pathak did not disclose this fact before he c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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