itself certain restrictions one of which is that if an effective an
efficacious remedy is available, the High Court would not normally
exercise its jurisdiction ... Learned
senior advocate Mr. Joshi submitted that petitioners are having
alternative effective efficacious statutory remedy of an appeal
under section 91 of Trade Marks
liable to be
dismissed on the ground of existence of effective and efficacious remedy
of suit made available by the Statute. Reliance in support ... against any order under
sub-section irrespective of availability of alternative and
efficacious remedy of civil suit ?"
The Division Bench held that in view
ameliorate the grievances of the petitioners;
(iii) whether there exists any equally efficacious alternative remedy in
civil or criminal courts and even if an alternative ... grain from the chaff and decide on whether there exists
an equally efficacious alternative remedy or any particular writ petition or a class
of writ
been propounded
time and again that when an alternative or an equally efficacious
remedy is open to a litigant he should be required to pursue ... entertained unless the party has exhausted the
alternative or statutory efficacious remedy. In A. Venkta
Subramanyam Naydu vs. S. Chellapan and others
made in two
situations: first, where it is necessary to give business efficacy
to the contract, and, secondly, where the term implied
represents the obvious ... Both, however, depend
on the presumed intention of the parties.
13-005. Efficacy to contract. A term will be implied if it is
necessary
trial as provided in the Code. Learned
counsel contended, since an equally efficacious remedy is available to
the petitioner to press for his discharge ... closure without due enquiry. If the
procedural law provides for an equally efficacious remedy to the party
concerned, then naturally High Courts would be reluctant
stream, the lamps actually
operate at about 9% higher efficacy above approximately 10 kHz. Lamp efficacy
increases sharply at about 10 kHz and continues ... higher efficiency of the ballast itself and the improvement of lamp
efficacy by operating at a higher frequency electronic ballasts offer higher system
efficacy
considered while exercising the power. When an alternative and equally efficacious remedy is available to a litigant, the party should pursue that remedy ... entertain a petition under Article 226 , on the ground of proper, efficacious and statutory remedy available to the petitioner.
10. In Titaghur Paper Mills
Specific Relief Act (hereinafter referred to as „Act‟)
efficacious relief was available to the plaintiffs and since they
did not seek efficacious remedy of declaration ... cannot be granted when
RSA 88/2009 Page 3 of 9
equally efficaciously relief can
certainly to be obtained by any
other mode of proceeding
these writ petitions were challenged on the
basis of availability of efficacious remedies provided under the
SARFAESI Act . Various legal precedents were pointed ... contended that invoking
remedy under Section 17(1) is more efficacious. In a very recent
decision of the Hon'ble Supreme Court in United
