1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2288 OF 2008 Vivira Chemicals Pvt. Ltd. : Petitioner versus Deputy Director of Enforcement and ors. : Respondents. Mr.Mathew Nedumpara, i/by Mr. V K Mahangare for the Petitioner Mr. R A Rodrigues with Mr. Y S Bhate and Mr. M S Bhardwaj for the Respondents. CORAM :- V.C.DAGA & R M SAVANT, JJ DATE :- 21st October ,2010 P.C. Perused Petition. Heard the learned counsel for the Petitioner Mr.Nedumpara and learned counsel for the Respondents Mr.Rodrigues. 2 The learned counsel for the Respondents raised a preliminary objection to the maintainability of this Writ Petition contending that alternate statutory remedy under the provisions of the Foreign Exchange Management Act by way of appeal is available. He, thus submitted that the Writ Petition is not maintainable. Reliance is placed upon the judgment of the Apex Court reported in 2010 (253) ELT 3 (SC) in the case of Raj Kumar Shivhare v/s. Asstt.Director, Directorate of Enforcement to support the contention raised. 1 3 Per contra, the learned counsel for the Petitioner in support of his submission urged that this Writ Petition is very much maintainable since the orders of both the authorities below are in violation of principles of natural justice and that they suffer from error apparent on the face of the records. The proceedings in question being judicial, they are expected to be initiated by the appropriate officer. But no such procedure has been followed as such entire proceedings stand vitiated. He, thus, submits that Writ Petition is very much maintainable. 4 Having heard the learned counsel for the parties, we are of the considered view that all these contentions, sought to be raised, can be raised in the Appeal provided under Section 45 of the Act. Under these circumstances, this Petition is rejected since the alternate remedy is available. It is made clear that rejection of this Petition shall not come in the way of the Petitioner, if the Petitioner decides to file Appeal under Section 45 of the Act on the same cause of action. All contentions on merits are kept open. Order accordingly. (R.M.SAVANT,J.) (V.C.DAGA,J.)