2019 (4) TMI 2027 - HC - Companies Law

Maintainability of petition - availability of alternative remedy of appeal - Section 35 of the Finance Act 1994 - HELD THAT - Against the order impugned the petitioner has a statutory remedy of filing an appeal before the Commissioner. It is open to the petitioner to file an appeal as provided under the Act itself within a period of two months - In case the petitioner files an appeal as per the provisions of the Act the same may be decided and disposed of in accordance with law. We are not inclined to interfere in this matter in view of a recent supreme Court decision in the case of AUTHORIZED OFFICER STATE BANK OF TRAVANCORE AND ANOTHER VERSUS MATHEW K.C. 2018 (2) TMI 25 - SUPREME COURT wherein it has been held that where the statutory remedy is available the writ jurisdiction should not be allowed to be invoked under Article 226 of the Constitution of India unless there is an exceptional circumstance to call for interference at this stage. Petition disposed off.

Summary

The High Court of Allahabad dismissed the writ petition as the petitioner has a statutory remedy to file an appeal under Section 35 of the Finance Act, 1994 within two months. The court cited a recent Supreme Court decision stating that writ jurisdiction should not be invoked unless exceptional circumstances exist. No costs were awarded.