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2013 (6) TMI 453 - HC - CustomsImposing anti dumping duty - writ petition - territorial jurisdiction under Article 226 of the Constitution of India - principles of natural justice - Held that:- it is clear that Anti-Dumping duty is payable when the concerned goods are cleared through the Chennai Port i.e., assessment of duties upon clearnace of the subject goods exported by the petitioner takes place at Chennai. So, the issue is whether the assessment and payment of Anti-Dumping duty on the goods that is going to take place constitute a material, essential or integral part of the cause of action. It certainly does not constitute cause of action. An anticipatory event will not give cause of action. A cause of action must exist and it is a condition precedent before initiation. By no means, the above factor constitute material, essential or integral part of cause of action. It is also pertinent to note that the petitioner is a Non-Resident Company and represented by its Power of Attorney holder, who resides at New Delhi. The second respondent office, who passed the impugned order is also situated at New Delhi. It is also stated that in the export questionnaire, the petitioner had given its address for communication at New Delhi. Moreover, the appellate authority is also in Delhi. Taking into consideration the principles enunciated in the judgments of the Supreme Court in the case of (i) Alchemist Ltd and Another v. State Bank of Sikkim and Others [2007 (3) TMI 382 - SUPREME COURT OF INDIA] and (ii) Kusum Ingots Alloys Ltd. v. Union of India (UOI) and Another [2004 (4) TMI 342 - SUPREME COURT OF INDIA], this Court is of the view that no cause of action had arisen within the territorial jurisdiction of this Court to entertain the writ petitions. Therefore, the writ petitions are not maintainable. - writ petition dismissed.
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