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TMI Blog2024 (12) TMI 1185X X X X Extracts X X X X X X X X Extracts X X X X ..... under the statute cannot be so lightly bypassed. In the case of Oberoi Constructions Ltd Vs. The Union of India [ 2024 (11) TMI 588 - BOMBAY HIGH COURT] this Court has considered several precedents about the exhaustion of alternate remedies. This Court has also taken note of the increased tendency to bypass the statutory remedies and insist upon instituting Petition under Articles 226 and 227 of the Constitution of India. Paragraph 65 quoted above does not even indicate any financial difficulties for payment of the pre-deposit amount - Therefore, freezing this bank account will not affect the Petitioner s ability to institute an appeal by making a pre-deposit. By adopting the reasoning in the said decision, no case is made to interfere with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rders are appealable, and we are not satisfied with the usual reasons for not availing the alternate remedy of appeal. 5. Though this Petition was filed on 02 July 2024, it was moved only this morning, citing extreme urgency. 6. Admittedly, the Petitioner has an alternate and efficacious remedy available under the statute to appeal the Orders in Original dated 31 May 2024. Even the Orders in Original clearly state this. 7. However, as has become routine, the Petitioner has rushed to this Court, alleging a breach of natural justice, and therefore seeking to bypass the alternate remedy. 8. In paragraph 65, the Petitioner has made the following averments regarding an alternate remedy. The averments read as follows: - 65. The Petitioner submits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, at least prima facie, by relying upon our order dated 11 December 2023, there is no question of alleging breach of natural justice. There is no question of avoiding the alternate remedy by claiming a natural justice violation based on such an allegation. 12. The arguments about the orders suffering from vice of want of jurisdiction or the orders being contrary to the decisions in MDS Switchgear Ltd and Nestle India Ltd. can always be raised in an appeal. Based on such general and vague averments, the remedies provided under the statute cannot be so lightly bypassed. 13. In the case of Oberoi Constructions Ltd Vs. The Union of India Writ Petition (L) No.33260 of 2023 this Court has considered several precedents about the exhaustio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statutory remedies are available are not such matters . 15. The Court, after referring to its earlier precedent in United Bank of India V/s. Satyawati Tondon and Others (2010) 8 SCC 110 observed that we can also take judicial notice of the fact that the vast majority 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 . 16. In Rattan India Power Limited V/s. The Union of India and Ors. WP No.3201/2021 decided on 13.03.2023, decided by a coordinate Bench on 13.03.2023, dismissed the Writ Petition by relegating the petitioner to the alternate remedy before th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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