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2005 (4) TMI 94

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..... ance with law. As the learned senior counsel for the appellant has submitted that on their behalf an objection to the maintainability of the writ petition before the High Court for want of territorial jurisdiction has been raised and the High Court may be requested to decide that issue as a preliminary issue. The appeals stand allowed subject to above-said observations and to the extent as indicated hereinabove. - 2377-2378 of 2005 - - - Dated:- 4-4-2005 - R.C. Lahoti, C.J.I. and G.P. Mathur, J. [Order]. - The learned counsel for respondents Nos. 1 and 2 3 are present in the Court on caveat. Respondent No. 4 is proforma party so far as these proceedings are concerned. 2.Leave granted. 3.With the consent of the learned .....

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..... the Rules consisting of several stages and steps. The findings recorded by the Designated Authority shall have to be published by way of notification under Rule 17. After being communicated the findings, the Central Government may or may not agree with the same. If it agrees with the findings, a notification imposing anti-dumping duty may be issued. According to the learned senior counsel for the appellant, the time for making the recommendations by the Designated Authority expires on 25-4-2005 (which date according to the learned senior counsel for respondent No. 1 would be 28-4-2005) and the decision shall have to be taken by the Central Government within three months thereafter. If any of the dates elapses, then the entire process falls .....

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..... e subject to the result of the writ petition pending in the High Court and the High Court does have power to grant an interim relief at any stage of the proceedings subject to a case in that regard being made out. That is what the law is. The decision of the Central Government in the matter of anti-dumping duty is appealable and also subject to writ jurisdiction on well settled parameters of constitutional law. 9.The learned senior counsel for the appellant has submitted that on their behalf an objection to the maintainability of the writ petition before the High Court for want of territorial jurisdiction has been raised and the High Court may be requested to decide that issue as a preliminary issue. On the contrary, it is submitted by th .....

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