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2023 (6) TMI 1095 - HC - CustomsRejection of application seeking leave to file appeal - Levy of ADD - import of Melamine - legal right flows in favour of the domestic industry (applicant herein) so as to implead it as a party in the writ proceedings - Applicant is aggrieved person or not - HELD THAT:- The applicant may have provided the information which led to the initiation of the enquiry for determination of the ADD, but merely the fact that the information provided by the applicant led to initiation of the proceeding for imposition of ADD by itself would not imply that the applicant is a person aggrieved in this case - Hon’ble Supreme Court in AYAAUBKHAN NOORKHAN PATHAN VERSUS THE STATE OF MAHARASHTRA & OTHERS [2013 (8) TMI 563 - SUPREME COURT] has taken an affirmative view that a stranger cannot be permitted to meddle in any judicial proceedings unless the court is satisfied that such person/entity falls within the category of “aggrieved person”, who has suffered legal injury and is entitled to challenge the effect/action of the order in the court of law. It was further observed that the court can enforce the performance of a statutory duty by a public body, using its writ jurisdiction at the behest of a person, provided that such person satisfies the court that he has a legal right to insist on such performance. In view of observations of the Hon’ble Supreme Court in the case of Ayaaubkhan Noorkhan Pathan, it is opined that by any stretch of imagination the applicant cannot be treated to be a person aggrieved, who has suffered a legal injury by the direction of learned Single Bench to disclose the numerical values from the complaint filed by the applicant to the competent authority - accepting the instant application seeking leave to file appeal would tantamount to granting more leverage to the applicant than what was allowed in the original writ proceedings which is absolutely unwarranted. The instant application seeking leave to file appeal is devoid of merit and, hence the same is dismissed.
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