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2019 (6) TMI 526 - HC - CustomsNon-compliance with the orders of High Court - Suspension of N/N. 19/2019-Customs (ADD) dated April 16, 2019 - issuance of necessary notification so as extend the anti dumping duty as mentioned in Notification No. 39/2018 Custom (ADD) - implementation of the orders passed by this Court. HELD THAT:- The Court is of the view that nothing prevented the respondents from approaching this Court for seeking appropriate relief / clarification. Unfortunately, close perusal of Office Memorandum dated 6.5.2019 reproduced hereinabove rather indicates the authority's conduct in avoiding the compliance with the Court's order. The author of the Office Memorandum clearly reveals uncanny and enigmatic recalcitrant approach on the part of the authority in complying with the order of this Court when these orders being not subjected to any further challenge or sought to be reviewed. The resultant effect of the two orders i.e. 24.4.2019 and 26.4.2019 left no room for any other option to the authority but to pass appropriate order and extend the anti-dumping duty notification. We are at pain to observe that para-6 of the Office Memorandum clearly betrays an unlawful and illegal examining by authority examining the orders of this court. Nothing prevented the respondents from approaching this Court or Supreme Court for obtaining appropriate orders but in absence thereof the authority themselves cannot decide not to comply with the order. Against these backdrops, we are called upon to examine the prayers made in this application. If these prayers are not granted, it would amount to permit the respondents to render petition infructuous solely on account of their omission to file reply and without adjudication, which cannot be permitted in a society wedding to rule of law. The respondents cannot be permitted to arrogate any jurisdiction and power, which they did not have to thwart and impead the operation of Court's order. The respondent no. 1 through an officer not below the rank of Secretary of the concerned department shall file an affidavit explaining as to why appropriate action be not initiated for non-compliance with the orders of this Court. NOTICE returnable on 12.6.2019.
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