Court Upholds Appeal Route, Dismisses Petition Challenging Show Cause Notice.
12 November 2024
Civil Appeals >> Civil & Consumer Law
This petition challenges the show cause cum demand notice dated June 5, 2021, and the Order-in-Original dated January 23, 2024, issued after adjudication. The petitioners have an alternative remedy of filing an appeal against the order. However, the petitioners sought to bypass this remedy, claiming that the alternative would not be as effective, primarily arguing on issues of jurisdiction and propriety.
The court found the petitioner's arguments vague and deemed it inappropriate to bypass the rule of exhausting alternative remedies. The petitioners cited a decision from the Gujarat High Court, where a similar matter was addressed, but the court stated that the circumstances in the present case needed to be examined and the issues could be raised during the appeal process.
The court referred to a recent judgment in Oberoi Constructions Ltd. v. The Union of India where the rule of alternative remedies was upheld. It therefore declined to entertain the petition, giving the petitioners the option to pursue their appeal within four weeks. The appeal will be considered on its merits by the Appellate Authority. No cost order was made.