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2017 (7) TMI 976 - HC - CustomsMaintainability of petition - alternative remedy of appeal - whether hot rolled or cold rolled of all grades/series; whether or not in plates, sheets, or in coil form or in any shape, of any width, of thickness 1.2 mm to 10.5 mm in case of hot rolled coils, 3 mm to 10.5 mm in case of hot rolled plates & sheets; and upto 6.75 mm in case of cold rolled flat products? - Held that: - reliance placed in the case of Hindustan Lever Ltd. Now Know As Hindustan Unilever Limited Versus Union of India & Others [2017 (5) TMI 818 - DELHI HIGH COURT], where it was held that The power under Article 226 of the Constitution is an extraordinary one and should not be exercised in a routine manner especially when the Petitioner has an efficacious and adequate alternative statutory remedy available. This Court is not persuaded to take a different view in the present petition for both the reasons noted hereinbefore viz., the petition is premature since no notification has yet been issued by the Central Government consequent upon the Final Finding dated 4th July, 2017 and secondly, even if such a notification is issued, the Petitioner has an alternative statutory remedy of an appeal before the CESTAT - petition dismissed.
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