M/S Kaycee Construction Company vs Union Of India And Others
2012 Latest Caselaw 2213 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT TAX No. - 688 of 2012
 

 
Petitioner :- M/S Kaycee Construction Company
 
Respondent :- Union Of India And Others
 
Petitioner Counsel :- Punit Kumar Upadhyay
 
Respondent Counsel :- Ramesh Chandra Shukla
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Prakash Krishna,J.

Sri Ramesh Chandra Shukla, learned counsel for the respondents has raised preliminary objection regarding maintainability of the appeal. He submits that the petitioner has filed writ petition challenging the order of Commissioner (Appeals) Central Excise, Allahabad dated 8th February, 2012.

Against the order impugned statutory remedy is available to the petitioner to file an appeal before Tribunal. There being statutory remedy available before the Tribunal, the present writ petition cannot be entertained. The petitioner may avail his statutory remedy by filing the appeal before Tribunal.

The writ petition is dismissed on the ground of availability of alternative remedy.

(Prakash Krishna,J)       (Ashok Bhushan,J)

Order Date :- 25.5.2012

MK/