SADGURU FORWARDERS PVT LTD Vs. COMMISSIONER OF CUSTOMS (PORT), KOLKATA & ANR
LAWS(CAL)-2018-5-152
HIGH COURT OF CALCUTTA
Decided on May 08,2018

Sadguru Forwarders Pvt Ltd Appellant
VERSUS
Commissioner Of Customs (Port), Kolkata And Anr Respondents

JUDGEMENT

Debangsu Basak, J. - (1.) An order in original dated October 31, 2017 is under challenge in the present writ petition.
(2.) The impugned order is appealable.
(3.) Notwithstanding the existence of a statutory alternative remedy, a writ petition is maintainable. It is on a rule of discretion that the Writ Court does not intervene when a statutory alternative remedy is available. However, the existence of statutory alternative remedy is not an absolute bar to the maintainability of the writ petition. A writ petition is maintainable, in the event, the petitioner substantiates that, the impugned order has been passed in breach of the principles of natural justice or in excess of jurisdiction or fundamental rights of the petitioner stand breached or where the vires of the Act is under challenge.;


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