M/S PREMA CONSTRUCTION Vs. ASSISTANT COMMISSIONER, CENTRAL EXCISE AND SERVICE TAX AND OTHERS
LAWS(ALL)-2016-8-81
HIGH COURT OF ALLAHABAD
Decided on August 24,2016

M/S Prema Construction Appellant
VERSUS
Assistant Commissioner, Central Excise And Service Tax And Others Respondents

JUDGEMENT

- (1.) Heard Sri Ashish Agarwal, learned counsel for petitioner and Sri P.K. Tripathi, Advocate, for respondents.
(2.) Sri Ashish Agarwal, learned counsel for petitioner, at the outset, stated that Prayer (i) has rendered infructuous by efflux of time.
(3.) With respect to Prayer (ii), he could not dispute that it relates to recovery of certain money from U.P. Rajya Vidyut Utpadan Nigam Limited based on contractual matter for which remedy lies in common law and for that purpose no writ petition lie since in absence of any statutory right, Article 226 cannot be availed to claim any money in respect of breach of contract or tort or otherwise.;


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