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Saj Food Products Pvt. Ltd. & Another Versus Union of India & Another

2017 (9) TMI 990 - CALCUTTA HIGH COURT

Maintainability of petition - alternative remedy of appeal - Held that: - Although there exists a statutory alternative remedy, a writ petition is still maintainable, if it can be established that, the fundamental rights stand breached, or that the order in original is wholly without jurisdiction or that, the impugned order was passed in breach of the principles of natural justice, or that the impugned order is non-speaking, or that the order impugned is vitiated by fraud or malice - In the fact .....

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r. N. Chowdhury, Adv. Mr. Arijit Chakraborti, Adv. Mr. Nilotpal Chowdhury, Adv. For the Petitioners Mr. Somnath Ganguli, Adv. Ms. Aishwarya Rajyashree, Adv. For the Respondents ORDER The Court : An order dated May 4,2017 passed by the Commissioner of Central Excise, Kolkata-II Commissionerate is under challenge in the present writ petition. Learned Advocate for the petitioners submits that, although the impugned order in original is appellable, the existing statutory alternative remedy does not .....

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26.16 crores. Non-consideration judgements relied upon by the petitioners in the order in original amounts to breach of principles of natural justice. Learned Advocate for the revenue submits that, although the five judgements cited on behalf of the petitioners does not appear to have been specifically dealt with, the order in original gives adequate and proper reasons for impositions as contained therein. He submits that, the grounds sought to be taken by the petitioners can be well be taken b .....

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e Court. The impugned order is reasoned and runs into several pages. It considers the show cause-cum-demand notices as also the replies thereto. It confirms the demands made in the show cause-cum-demand notices and proceeds to impose penalties. Admittedly, the impugned order is appellable. Existence of a statutory alternative remedy is not an absolute bar to the maintainability of the writ petition. Although there exists a statutory alternative remedy, a writ petition is still maintainable, if i .....

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