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2016 (9) TMI 1346 - HC - CustomsConstitutional validity of Section 129E of the Customs Act - withdrawal of petition - Held that: - it is clarified that while permitting the applicant herein - original petitioner to withdraw the main Special Civil Application with above liberty, we have not specifically restrained the petitioner from challenging the Order-in-Original by preferring the petition under Article 226 of the Constitution of India - it is for the concerned Court to consider whether despite the statutory remedy of appeal before the appellate authority challenging the Order-in-Original, still the Court would like to entertain Special Civil Application in exercise of powers under Article 226 of the Constitution of India or not and/or the petitioner may be relegated to avail alternative statutory remedy available under the Act - petition disposed off.
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