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Whirlpool Corporation vs Registrar Of Trade Marks, Mumbai & Ors on 26 October, 1998

8. The legal position governing the exercise of writ jurisdiction in the face of an alternate remedy is no longer res integra and stands authoritatively settled by the judgment of the Supreme Court in Whirlpool Corporation v. Registrar of Trademarks, Mumbai, (1998) 8 SCC 1 wherein it has been held that the existence of an alternate remedy does not operate as an absolute bar to the maintainability of a writ petition, particularly in cases where the impugned action is wholly without jurisdiction or is vitiated by patent illegality. In the facts of the present case, for the reasons which are elaborated hereinafter, this Court is prima facie of the considered opinion that the impugned order suffers from a jurisdictional infirmity and is ex facie without authority of law. Consequently, the petition deserves to be entertained notwithstanding the availability of an alternate remedy.
Supreme Court of India Cites 45 - Cited by 1316 - S S Ahmad - Full Document
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