that the writ petition is liable to
be dismissed because an alternative remedy is available to the petitioner under
Section 17 of the SARFAESI ... that the writ petition should not be entertained because an
effective alternative remedy was available to the writ petitioner under Section 17
of the SARFAESI
Constitution of India, 1950 (in
short the `Constitution') when alternative remedy was available under the
Central Act and the State Sales ... there is an adequate efficacious alternative
remedy. If somebody approaches the High Court without availing the
alternative remedy provided the High Court should ensure that
existence of an alternative remedy.
However, the High Court must not interfere if there is an adequate
efficacious alternative remedy available to the petitioner ... seeking
[remedy] are excluded.””
19. Thus, while it can be said that this Court has recognized some
exceptions to the rule of alternative remedy
assailed the impugned
Order on the ground that when an efficacious alternative
remedy is available under Section 61 of IBC, 2016, the High
Court ... contention that the Government of Karnataka had an
efficacious alternative remedy before the NCLAT, the learned
Attorney General submitted, on the basis of the decision
remedy under s. 68 of the U.P. State
l Universities Act .
Allowing the appeal,
^
HELD: It is well established that an alternative remedy ... ground of availability of
an alternative remedy. It is true that there was an
alternative remedy for challenging the impugned order by
referring the question
aggrieved person has an effective alternate remedy available in law.
However, certain exceptions to this “rule of alternate remedy” include where, the
statutory authority ... effective and
efficacious remedy is available, the High Court would not
normally exercise its jurisdiction. But the alternative remedy
has been consistently held by this
effective and
efficacious remedy is available, the High Court would not normally exercise its
jurisdiction. But the alternative remedy has been consistently held by this ... where an effective alternate remedy
is available to the aggrieved person.
27.3. Exceptions to the rule of alternate remedy arise where: (a) the writ petition
December 17, 1999 held that the petitioners
should have availed of alternative remedy
available under the Industrial Law and should
not have straightaway filed ... ground of
availability of alternative remedy. The other
Judge was right in observing that an
alternative remedy is not an 'absolute
considered the
question of maintainability of the writ petition while an alternative
remedy is available. This Court upheld the decision of the Bombay High
Court ... existence of an alternative remedy.
However, the High Court must not interfere if there is an adequate
efficacious alternative remedy available to the petitioner
there is an adequate efficacious alternative remedy. If somebody approaches
the High Court without availing the alternative remedy provided the High
Court should ensure that ... alternative remedy and issues
are decided on merits, this Court is slow to interfere merely on the ground
of availability of alternative remedy
