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2014 (5) TMI 247 - HC - Central ExciseWrit petition against the order of the tribunal dismissing the appeal of the assessee for non-deposit of amount as per ex-parte stay order - alternative remedy - Held that:- Where the alternative remedy is not definite, but subject to the satisfaction of the High Court of involvement of a substantial question of law, a writ application should, in my view, not be rejected on the sole ground of existence of an alternative remedy of appeal. Moreover, it is doubtful whether any substantial question of law is involved in the instant case. The impugned order cannot be sustained in law and the same is set aside and quashed. The writ application is, accordingly allowed. The learned Tribunal shall consider the Miscellaneous Application afresh in the light of the observation made above without granting unnecessary adjournment but upon compliance with the requisite provisions of law with regard to service of notice of dates of hearing.
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