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2005 (2) TMI 159 - SC - CustomsMaintainability of appeal - Anti-dumping matter - Held that:- Court normally does not interfere either with a Courts decision not to relegate a writ petitioner to an alternative remedy or with the grant of interim relief. It is unnecessary to cite any authority in support of this as the proposition cannot admit of any controversy. However, having regard to the singular lack of any acceptable reason in the impugned order we have no hesitation in interfering with this particular exercise of discretion by the High Court and set aside the same - impugned order must necessarily be set aside but that the writ petition itself should be dismissed with liberty granted to the parties to respondent No. 1 to approach the CESTAT under provisions of Section 9C and to agitate all points raised in the writ petition before such Tribunal. Inasmuch as the proceedings have been conducted before an inappropriate forum and keeping in view the provisions of Section 14 of the Limitation Act, 1963 the period spent in prosecuting the writ petition should be condoned - Decided in favour of assessee.
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