restrictions; one of
which is an effective and efficacious remedy
available. When efficacious alternative remedy is
available, the High Court would not normally
exercise ... regulatory suit
because of alternative prayer since alternative
prayer - 'lease rental' has been projected only as
an alternative remedy. Placing reliance upon
Arundhati
fact finding tribunal. The
question of existence of an alternate remedy and its effect on the
maintainability of a Writ Petition never arose in this ... maintainability of the writ petition in view of the alternative remedy.
14. Mr. Colin Gonsalves, learned senior counsel for the petitioners, in
rejoinder, urged that
JUDGMENT
constitutional remedy only because a statutory alternative remedy
exists. Exhaustion of alternative remedy before invoking writ jurisdiction
under Article 226 is not a binding ... should not be exercised when
there is an alternative remedy available. The rule of alternative remedy
is a rule of discretion and not a rule
this writ petition, with respect to the availability of an 'alternate remedy'
urges as under:
i) First, he fairly concedes that approaching ... Availability of alternate remedy:
39. Coming to the question of the availability of an alternate remedy
under Section 14 of the Administrative Tribunal
deserves to be dismissed as the petitioner is having effective,
efficacious alternative remedy provided under Section 9C of
the Customs Tariff Act, 1975. The petitioner ... dismissed on the
ground of alternative remedy along as the petitioner is having
effective, efficacious alternative remedy to prefer an appeal
availment of
the alternate statutory appeal remedy.
9. The issue with regard to non-availment of alternate remedy as
a bar to file a writ ... avail the alternate remedy as it
has been held in all cases that necessity to
avail the alternative remedy may not arise
fact by
challenging the seniority, as such, they have an alternative
remedy to approach the Tribunal and the writ petition is liable
to be dismissed ... alternative remedy is a rule of discretion and
not one of compulsion. In an appropriate case in spite of
availability of the alternative remedy
needless to say that when the alternative
efficacious remedy, that too a statutory remedy is available
to the petitioner, the Court would not exercise ... remedy of filing a representation, and if
already filed, must wait till his representation is decided by the Advisory
Board. The concept of alternative remedy
other efficacious remedy than to approach this Court
14
invoking extraordinary jurisdiction, instead of resorting to
alternative remedy of arbitration available in the
agreement ... petitioners have
a right to approach this Court, instead of availing
alternative remedy as provided in the agreement itself, just
to get efficacious remedy under
remedy under Rule 28 is an efficacious
remedy.
iii. Even though a petition under Article226 of the
Constitution of India is maintainable though
alternative remedy ... itself is no
ground to hold that remedy before the Director is not an
effective alternative remedy. When a dispute is raised
by placing material
