TMI Blog2020 (12) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... ble explanation from the Petitioner for not having resorted to that alternative remedy provided under the statute. Hon'ble Supreme Court of India in ASSISTANT COLLECTOR OF CENTRAL EXCISE, CHANDAN NAGAR VERSUS DUNLOP INDIA LIMITED AND OTHER [ 1984 (11) TMI 63 - SUPREME COURT ] has succinctly explained the legal position relating to the exercise of discretionary powers under writ jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2. The Respondent by Order-in-Original No.65516/2018 dated 28.09.2018 had passed an order under the provisions of the Customs Act, 1962 (hereinafter referred to as 'the Act' for short). The said order itself specifically mentions that the Petitioner is entitled to prefer Appeal agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... position relating to the exercise of discretionary powers under writ jurisdiction as follows:- 3. Article 226 is not meant to short-circuit or circumvent statutory procedures. It is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations as for instance where the very vires of the statute is in question or where private or public wrongs are so ine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the statute. 4. When the aforesaid legal position was pointed out, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to that procedure. She has also filed a memo dated 04.12.2020 to that effect, which reads as follows:- 1. The impugned order dated 08.10.2018 was served on the Petitioner on 10.10.2018. The Petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke into account the Bond of ₹ 40 Crores, (which is about 20 times the predeposit amount) for the purpose of entertaining the appeal. 5. This Court, without expressing any view on the correctness or otherwise on contentions of the Petitioner in that regard, makes it clear that the Petitioner is not precluded from making an application before the CESTAT to treat the amount said to have b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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