Court No. - 34
Case :- WRIT - C No. - 18628 of 2006 Petitioner :- Asian Fertilizers Ltd. And Another Respondent :- Union Of India And Others Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- Govind Saran,S.C.,Vivek Singh
Hon'ble Sudhir Agarwal,J. Hon'ble Om Prakash-VII,J.
1. Heard Sri Pawan Kumar Singh, Advocate holding brief of Sri Santosh Kumar Srivastava, learned counsel for petitioners and Sri Praveen Kumar Srivastava, learned counsel for respondents.
2. Petitioners are claiming that respondents have charged extra freight from them which ought to be refunded and having failed to get the same refunded, petitioners have filed the present writ petition and sought following reliefs :
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the amount of Rs. 4,07,181/- along with penal rate of interest, to the petitioner, forthwith.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the interest on the amount of Rs. 17,55,238/- given through Cheque No. 259930 dated 7.3.2003 to the petitioner from the date on which the claim fell due."
3. It is evident from pleadings as also the reliefs sought that this writ petition has been filed under Article 226 of Constitution of India for recovery of money, for which alternative remedy is available in common law, hence, in our view, writ petition is not maintainable on the ground of alternative remedy.
4. In view of thereof, writ petition is dismissed on the ground of alternative remedy.
Order Date :- 30.10.2018 Siddhant Sahu