Dispute decided by writ court on merits between the same parties cannot be reagitated in statutory appeal.

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DID YOU KNOW that a dispute or issue decided on merits between the parties in writ jurisdiction cannot be reopened in a statutory appeal involving the same parties?

DID YOU ALSO KNOW that we successfully represented a client before the Customs, Excise and Service Tax Appellate Tribunal, Principal Bench against the Customs Department’s attempt to resurrect a dispute in a statutory appeal, when that dispute had been conclusively settled by the High Court (in its writ jurisdiction) and the Supreme Court. We successfully argued before the CESTAT, Principal Bench that a decision on merits of a matter in a writ petition under Article 226 will operate as res judicata in subsequent disputes of same nature between the same parties.

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