Harbanslal Sahnia And Anr. vs Indian Oil Corpn. Ltd. And Ors. on 20 December, 2002
In support of his aforesaid submissions Mr.
Chakraborty firstly relied and referred to the
decision of this Court in Harbanslal Sahnia vs.
Indian Oil Corporation Ltd. [(2003) 2 SCC 107],
wherein this Court observed that the Rule of
exclusion of writ jurisdiction by availability of
an alternative remedy, was a rule of discretion and
not one of compulsion and there could be
contingencies in which the High Court exercised its
jurisdiction inspite of availability of an
alternative remedy.