TMI Blog2017 (9) TMI 990X X X X Extracts X X X X X X X X Extracts X X X X ..... hout 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 facts of the present case, non-consideration of judgments on behalf of the petitioners, ipso facto, does not lead one to infer that there is a failure of justice or that the principles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sting statutory alternative remedy does not bar the filing of the writ petition. He submits that, the impugned order does not consider five reported decisions of the Courts including two Supreme Court Judgements. The findings returned by the impugned are contrary to the ratio laid down in those five judgements. Moreover, there is a perversity which is apparent in the face of the record. Although, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties and the materials made available on record. Three show cause-cum-demand notices were issued to the first petitioner. The first petitioner had replied thereto. In such reply, the first petitioner had taken a stand in support of its contentions. The first petitioner had referred to various judgments of the High Courts including the Supreme Court. The impugned order is reasoned and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order in original considers the rival contentions of the parties. It arrives at particular findings as returned. True the judgments cited on behalf of the petitioners have not been dealt with in the order in original in the sense that, individual cases have not been discussed. The impugned order, however, proceeds to give reasons as to why it has arrived at its findings. The findings may be errone ..... X X X X Extracts X X X X X X X X Extracts X X X X
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