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2012 (2) TMI 442 - BOMBAY HIGH COURTMaintainability of appeal - remedy open under section 61 of the Bombay Sales Tax Act, 1959 - Alternate remedy - Held that:- challenge in the writ petition under article 226 is to the original order of the Tribunal. Such a challenge clearly would not be maintainable having regard to the fact that the Legislature has created an alternate remedy under section 61 of the Bombay Sales Tax Act, 1959. Having failed to espouse that remedy, it is not open to the State to circumvent the legislative provision by moving this court directly under article 226 of the Constitution - Decided against Revenue.
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