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2018 (6) TMI 1834 - HC - CustomsLevy of Anti-Dumping Duty - import of melamine - whether any legal right has accrued to the applicant from the Notification dated 28.01.2018? - HELD THAT:- In the instant case, the interest of the applicant is that in the event the writ petition is dismissed, the applicants would continue to enjoy the benefit of the anti-dumping duty being imposed at the rate of 331.10 USD per metric ton in respect of import of melamine from Peoples’ Republic of China. As such, the eventual interest of the applicant is in the fruit of the present litigation, as to whether they would continue to get the eventual benefit that may be derived from the decision in the writ petition. From the said point of view also, by applying the proposition of law laid down by the Supreme Court in Deputy Commr., Hardoi [1953 (10) TMI 37 - SUPREME COURT] in paragraph-14, where the eventual interest of the applicant is the outcome of the writ petition, so as to whether they will continue to have the eventual benefit of the rate of anti dumping duty be at Rs.331.10 USD per metric ton, the applicant is found not to be a necessary party in the present proceeding. As the initiation of the investigation under Rule 5 of the Rules of 1995 was initiated as per the written application of the applicant, the applicant may have some interest in the present writ proceeding and also the applicant would be in a good position to provide the Court, the appropriate material which may ultimately help in the appropriate adjudication of the matter. This court is of the view that it would be appropriate to allow the petitioner to be an intervenor in the connected writ proceeding - the law has been made clear by the Supreme Court in SARASWATI INDUSTRIAL SYNDICATE LTD. VERSUS COMMISSIONER OF INCOME-TAX [1999 (3) TMI 3 - SUPREME COURT], wherein, it has been held that the only purpose of granting an intervention application is to entitle the intervenor to address arguments in support of one or the other side. Application allowed.
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