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2017 (9) TMI 990 - HC - Central ExciseMaintainability of petition - alternative remedy of appeal - Held that: - Although there exists a statutory alternative remedy, a writ petition is still maintainable, if it can be established that, the fundamental rights stand breached, or that the order in original is wholly without jurisdiction or that, the impugned order was passed in breach of the principles of natural justice, or that the impugned order is non-speaking, or that the order impugned is vitiated by fraud or malice - In the facts of the present case, non-consideration of judgments on behalf of the petitioners, ipso facto, does not lead one to infer that there is a failure of justice or that the principles of natural justice stands vitiated. The allegations of perversity levelled against the impugned order remains unsubstantiated. The reasons for imposition of penalty and the adjudication are appearing from the impugned order. Petition dismissed.
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