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2019 (8) TMI 488 - HC - Central ExciseMaintainability of petition - availability of alternative remedy - Section 35(B) of the Customs Act - HELD THAT:- The grounds raised in the present writ petition may not be an exemption for not availing an appeal remedy, the writ petition is liable to be rejected. Reliance placed in the case of AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE AND ANOTHER VERSUS MATHEW K.C. [2018 (2) TMI 25 - SUPREME COURT] where it was held that The opinion of the Division Bench that the counter affidavit having subsequently been filed, stay/modification could be sought of the interim order cannot be considered sufficient justification to have declined interference. This Court is of the view that the petitioner could be granted liberty to file an appeal against the order, within a stipulated time - appeal disposed off.
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