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2018 (4) TMI 1726 - HC - CustomsADD - initiation of Sunset Review - continuation of existing Anti-Dumping Duty so as to continue protection available to domestic industry against the alleged dumping of products – Soda-Ash, from Turkey and Russia - section 9(A) of Customs Tariff Act, 1975 - HELD THAT:- We have no doubt in our mind qua availability of judicial review of such a decision and hence when judicial review is warranted, it is also required to be seen to it that the same exercise may not result into empty formality or futility and create an irretrievable situation. The Court is also mindful of the fact that court by granting relief would be directing the authorities to continue Anti-Dumping Duty and to initiate Sunset Review proceeding without there being any opportunity of being heard to the otherside, but at the sametime, looking to the dearth of time and when the petitioners cannot be held to be in any way contributory in passage of time, as they have approached the Court within time, it becomes Court’s duty to see to it that balance of convenience is struck so as to avert any irreparable injury to eitherside. For safeguarding the interest of those who are likely tobe affected by this order, we direct the concerned respondents to make it explicitly clear to all the concerned that, the Notification/s that may be issued pursuant to our this order would be subject to result of these petitions and will entail the refund of duty that may be levied in case of failure of the petitioners in these petitions.
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