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The State Trading Corporation of India Ltd. Versus The Commissioner of Customs, The Assistant Collector (IAD) , CRA, The Assistant Collector of Customs & The Deputy Commissioner of Customs

2015 (6) TMI 971 - MADRAS HIGH COURT

Restoration of appeal - Held that:- On a perusal of the earlier order dated 12.12.2009 passed in W.P. No.1244 of 2001, it is evident that the said writ petition was dismissed on the ground of availability of alternative remedy. The decision was taken .....

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- Decided against Appellant. - W.A. No.651 of 2015 - Dated:- 1-6-2015 - MR. SATISH K. AGNIHOTRI AND MR. M.VENUGOPAL, JJ For the Petitioner : Mr. R. Selvakumar For the Respondent : Mr. A.P. Srinivas JUDGMENT SATISH K. AGNIHOTRI, J. Mr. A.P. Srinivas, .....

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of W.P. No.1244 of 2001, was rejected on the ground that once a final decision has been taken in a writ petition, the same cannot be restored or re-heard once again on the basis of subsequent pronouncements of law on the subject. 3. The facts in bri .....

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said writ petition was dismissed on 22.12.2009, reserving liberty to the appellant to move the appropriate High Powered Committee for redressal of its grievances. 4. The Supreme Court, by order dated 11.10.1991, in Oil and Natural Gas Commission vs. .....

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y of Government of India, Ministry and public sector undertakings of the Government of India and public sector undertakings in between themselves, to ensure that no litigation comes to court or to a tribunal without the matter having been first exami .....

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5. The aforestated directions were subsequently withdrawn by the Supreme Court in Electronics Corporation of India Ltd. vs. Union of India and Others4. Relying on the said decision, the appellant had filed the instant interim application being W.P.M. .....

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ed of writ petition be restored to its file. 6. The learned Single Judge considered all the aspects of the matter before coming to the conclusion that once a petition has been decided finally, the same cannot be restored or re-heard on the ground of .....

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nd of availability of alternative remedy. The decision was taken on merits. It was not a case of dismissal for want of prosecution. The said order was passed as under: In the light of the law declared by the Supreme Court the writ petition is dismiss .....

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