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Documents citing Ambalal Sarabhai Enterprises Pvt. Ltd. vs Union Of India And Ors. on 10 September, 1986

Gujarat Heavy Chemicals Ltd. vs Assistant Collector Of Customs on 12 September, 1989

A Division Bench of this High Court consisting of P. R. Gokulakrishnan, C.J. and R. A. Mehta, J. has also followed the aforesaid decision of the Supreme Court in the case of Ambalal Sarabhai Enterprises v. Union of India & Others [1987] 11 ECC 290 (Guj.) = 1987 (27) E. L. T. 59 (Guj.) = [1987 (1) GLR 393]. Therein it is held that the remedy of appeal provided under the relevant provisions of the Central Excises and Salt Act, 1944 is alternative and efficacious remedy, and when such remedy is available to the petitioner, petition under Art. 226 of the Constitution should not be entertained.
Gujarat High Court Cites 19 - Cited by 1 - Full Document

Sattar Habib Hamdani vs Union Of India on 6 October, 1989

7. The aforesaid decision of the Supreme Court and another decision of this High Court [Ambalal Sarabhai Enterprises v. Union of India & Ors - 28(1) G.L.R. 392 = 1987 (27) E.L.T. 59 (Guj.)] have been followed by this High Court in Special Civil Application No. 6149 of 1989 decided on September 12, 1989, therein this court had held that when alternative remedy is provided for by the statute, the party should be directed to exhaust the same. The necessary corollary of the aforesaid conclusion is that wherever alternative remedy is provided for and the High Court comes to the conclusion that the party should be directed to avail of the alternative remedy provided for under the statute and that the party ought to have pursued the statutory remedy the party cannot be permitted to say that "I had alternative remedy, I have invoked the same, but I have not fulfilled the condition for getting the matter decided on merits. Therefore permit me to invoke the extraordinary jurisdiction of this High Court". If such course is permitted to be adopted the first step taken by the court that the party should be directed to exhaust the statutory remedy would be rendered meaningless and nullified. Therefore, even in cases in cases where the party who had the alternative remedy but has not availed of the same or allowed the alternative statutory remedy to become infructuous, in absence of satisfactory explanation for such conduct, cannot be permitted to invoke the extraordinary jurisdiction under Article 226/227 of the Constitution of India.
Gujarat High Court Cites 9 - Cited by 1 - Full Document
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