2023 (1) TMI 558

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..... A PRADESH HIGH COURT - HC
Dated:- 9-1-2023
Writ Petition No. 25422 of 2022, 25420 of 2022 - -
Customs
Hon'ble Shri Justice Sushrut Arvind Dharmadhikari And Hon'ble Shri Justice Prakash Chandra Gupta For the Petitioner : Shri Lalit Kumar Jain, Learned Counsel, Shri Sachin Parmar, Learned Counsel For the Respondents : Shri Prasanna Prasad, Learned Counsel ORDER These petition .....

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..... al writ petition No.11973/2022 and connected writ petitions have been dismissed by this Court on the ground of availability of an efficacious alternative remedy. 4. Learned counsel for the petitioner submitted that by way of celebrated judgment of Hon'ble Apex Court in case of Whirlpool Corporation v. Registrar of Trade Marks, Mumbai (1998) 8 SCC 1 wherein it is held that the alternative reme .....

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..... he writ petitions could not be dismissed on the ground of alternative remedy. 6. On the other hand, learned counsel for the respondents has vehemently opposed the prayer and submitted that on perusal of the order-in-original No.KDL/ADC/RHM/15/2022-23 dated 16/10/2022, in para 36.3.12, it can be very well seen that personal hearing was granted to the petitioner before passing of the order on vario .....

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..... s. State of Uttar Pradesh and others (2016) 13 SCC 305 it is held that when there statutory appeal is provided, then the said remedy has to be availed. 9. In view of the aforesaid and also looking to the fact of availability of an efficacious alternative remedy, we do not find it proper to entertain these petitions. Petitioner would be at liberty to avail the alternative remedy in accordance with .....

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