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2010 (1) TMI 636 - KERALA HIGH COURTCondonation of delay - Demand - Penalty - Clearing and forwarding agent - there is no dispute that the petitioner had the right to file an appeal against the order impugned in this writ petition - Though an alternate remedy may not be a bar for interference under Article 226 of the Constitution, being a constitutional remedy, the High Court will sparingly exercise the jurisdiction by way of self imposed restriction - even if writ petition was filed under Article 226 of the Constitution of India at a time when an appellate remedy is not barred, this Court could certainly say it would not entertain a writ petition, if the reliefs sought for in the writ petition are available to be granted by invoking the statutory remedy provided under the Statute - Held that: party whose remedy by way of an appeal under the statute is barred by the period prescribed thereunder is no reason by itself to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India - there is no extraordinary situation for invoking the power under Article 226 of the Constitution of India, even if this writ petition is filed within the period of limitation - Decided against the petitioner
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