Uttar Pradesh Power Transmission Corporation Ltd. and Anr. v. Cp Power And Industrial Solutions Limited And Anr., SLP(C) No. 8630 of 2020, Date of Judgment: 12-05-2021

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The Supreme Court has held that there cannot be a recovery of cess solely on the basis of the report of the Comptroller and Auditor General (CAG) without any statutory adjudication process. It is well settled that when a statute requires a thing to be done in a particular manner, it is to be done in that manner alone. The Court also held that the mere existence of an alternate remedy in the form of arbitration was not a bar to exercise writ jurisdiction as the impugned acts were patently illegal.

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