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M/s. Vishnu & Co. Pvt. Ltd. & Another Versus Superintendent Central Excise

2015 (8) TMI 1127 - DELHI HIGH COURT

Quashing of FIR - Demand set aside by CESTAT - Held that:- Since petitioners have an alternate and efficacious remedy to seek discharge from trial court by urging the pleas taken herein, therefore, this Court is not inclined to exercise its inherent .....

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. Mahant, Advocates For the Respondent : Nemo JUDGMENT Quashing of FIR No.79/1/2007 under Sections 9/9AA of the Central Excise Act, 1944 titled Sandeep Jain v. M/s. Vishnu and Co. Pvt. Ltd. & Anr. is sought in this petition on the ground that the .....

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at petitioners have appeared before the trial court and pre-charge evidence is in progress and the next date of hearing is 2nd December, 2015. It is also stated that the order setting aside the demand for duty is sub judice before a Division Bench of .....

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am Kejriwal v. State of West Bengal and Anr. [2011] 4 S.C.R. 889. Since petitioners have an alternate and efficacious remedy to seek discharge from trial court by urging the pleas taken herein, therefore, this Court is not inclined to exercise its in .....

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settled that the inherent powers under Section 482 can be exercised only when no other remedy is available to the litigant and not in a situation where a specific remedy is provided by the statute. It cannot be used if it is inconsistent with specifi .....

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ve availed of that remedy." Applying the dictum of the Apex Court in Padal Venkata Rama Reddy (supra) as referred to hereinabove, this petition is disposed of with liberty to petitioners to urge the pleas taken herein before the trial court at t .....

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