FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.3271 OF 2008 ___________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|___________________________________ This writ petition is directed against the order dated 31st March, 2008 passed by the District Consumer Redressal Forum at Ahmednagar in Darkhast No.191 of 2007 in Complaint No.344/2006. 2 It is not necessary to go into the details of the facts of the case since preliminary objection has been raised by the learned Counsel appearing for the respondents that there is a specific alternative remedy under Section 27A of the Consumer Protection Act and in view of that, the petitioner can file an appeal before the State Consumer Redressal Commission. 3 The learned Counsel for the petitioner submitted that though the alternative remedy is provided by way of appeal, writ petition can be entertained and there is no bar to entertain writ petition. In support of his contention, he relied on an unreported judgment dated 21st January, 2009 of this Court in the case of Raosaheb Patwardhan Nagari Sahakari Pat Sanstha Ltd and anr. Vs Shaikh Naruddin Azimuddin and anor. (Writ Petition No. 1998 of 2008 – Aurangabad Bench) and the judgment of Calcutta High Court in the case of Larson & Toubro Ltd., and another v. State Consumer Dispute Redressal Commission and others (AIR 1998 CALCUTTA 313) and submitted that even though alternate remedy is available by way of appeal, writ petition can be entertained by this Court. 4 I have heard learned Counsel for the petitioner and the learned Counsel for respondents. There is no dispute that this Court can entertain writ petition even though alternate remedy is available. The cases which are cited by the learned Counsel for the petitioner are not applicable in the facts of this case. The petitioner was very much party to the original proceedings and also to the execution proceedings and, he can very well file appeal before the appropriate forum provided by the said Act. There is no exceptional reason demonstrated to bypass the alternate remedy. Therefore, if the petitioner desires, he can avail the alternate remedy of appeal provided by Section 27A of the said Act. I do not think that the facts of the present case warrants to entertain the writ petition by bypassing the alternate remedy. 5 Writ Petition is dismissed. Interim relief stands vacated. It will be open for the petitioner to raise the contentions which are taken in this writ petition before the appropriate forum. Since the petitioner had filed writ petition and this Court issued notices and granted interim relief and the petition was pending till this date, while entertaining the prayer for condonation of delay in filing appeal, the appellate forum should keep this fact in mind. (S.S. SHINDE, J). 06.08.2009. PLK/#