KOTHARI CHEMICALS Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Since the question involved in all the aforesaid writ petitions is common hence they all are being disposed of by this are common judgment. However, Civil Misc. Writ petition No. 562 of 1980, Kothari Chemicals and Anr. v. Union of India and Ors. would be the leading petition, wherein main relief sought is to issue an order, direction or writ in the nature of Certiorari quashing impugned proceedings commencing from search and seizure to the supurdari of the goods made on 6 -10 -1980 (contained in Annexure 2 to the writ petition) and other reliefs are consequential to this relief. The reliefs claimed in other connected petitions are also similar to those of the leading petition, therefore, it is not necessary to repeat the same.

(2.) AT the very outset Mr. U.N. Sharma, learned Senior Standing Counsel for Union of India, raised preliminary objection that the writ petitions as framed and filed are not maintainable as they suffer from the doctrine of EXHAUSTION inasmuch as petitioners have not availed of alternative remedy envisaged under Section 35 of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act), consequently all the writ petitions be dismissed on this ground alone.

(3.) WITHOUT entering into merits of the arguments on the question of alternative remedy, we are of the opinion that since the petitions have been admitted for hearing the parties and are pending for the last about 15 years, hence the ratio laid down by the apex Court in L. Hriday Narain v. Income Tax Officer, A.I.R. 1971 SC 33 is fully applicable, therefore, petitions are liable to be heard and decided on merits. The preliminary objection is disposed of accordingly.