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TMI Blog2013 (6) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent has filed an application in accordance with the Customs Tariff Act, 1975 and Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles for Determination of Injury) Rules, 1995 alleging dumping of stainless steel of 400 series having a width of less than 600 mm including all Ferritic & Martensitic grades excluding Razor Blade Steel originating in or exported from European Union, Korea RP and USA. The Directorate General of Anti-dumping and Allied Duties, viz., the above mentioned second respondent on the basis of sufficient prima facie evidence decided to initiate an investigation into the alleged dumping of the subject goods from the above countries. The initiation Notification is dated 16-8-2010. The petitioner through an Advocate sent a letter dated 14-9-2010 and filed an authorization letter before the second respondent, signed by the petitioner, authorizing them to represent the petitioner in the investigation proceedings and requested to provide a copy of the non-confidential petition and communication issued for the interested parties, if any. Further, the Advocates, by their letter dated 22-9-2010, requested the second respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposition of definitive Anti-dumping duty is required to offset dumping and consequential injury to domestic industry." Aggrieved by the same, the present writ petitions are filed by the petitioner. 3. The learned counsel appearing for the petitioner contended that the order passed by the second respondent is illegal, wrong and without justification. He further contended that the second respondent has not satisfied himself as to whether the fourth respondent - Domestic Company, who is a manufacturer of the like article and like articles means an article which is identical or alike in all respects to the article under investigation for being dumped in India. The specific plea of the petitioner right through the investigation proceedings is that the three grades of subject goods should not be a part of Anti-dumping investigation. He further specifically pointed out that Grades EN 1.4509 and EN 1.4512 claimed to be produced by JSL, the above mentioned fourth respondent are not as per specifications promulgated by EN and as such it cannot be said that identical goods are being manufactured in India by the domestic industry; Grades 1.4003 is not produced and sold by JSL. Further JSL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nner. He further contended that the second respondent has considered all the facts and circumstances of the case and correctly came to a conclusion recommending levy of anti-dumping duty. He further submitted that the said Final Finding Notification has to be confirmed. 5. Learned counsel appearing for the fourth respondent filed a counter affidavit and stated that the second respondent had considered all the facts and circumstances of the case and only after giving proper opportunity, the order was passed. He further contended that the final findings given by the second respondent is based on valid material and further it was submitted that there is right of appeal against the impugned order as per the provision of the Act and the petitioner ought to have filed appeal. He further contended that there arose no cause of action wholly or in part within the territories in relation to which this Court exercise its jurisdiction and therefore the writ petitions are to be dismissed. 6. Heard the learned counsel appearing for the petitioner and for the respondents. I have perused the documents available on record. The three issues that arise for consideration before this Court are as fol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive the defendant a right to judgment in his favour. Cause of action thus gives occasion for and forms the foundation of the suit. 21. The classic definition of the expression "cause of action" is found in Cooke v. Gill wherein Lord Brett observed : "Cause of action" means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court." 22. For every action, there has to be a cause of action. If there is no cause of action, the plaint or petition has to be dismissed." 7. In the same judgment, in paragraphs 15, 16 and 17, the Apex Court considered the scope of Article 226(2) of the Constitution of India and held as follows :- "15. The effect of the above decisions was that no High Court other than the High Court of Punjab (before the establishment of the High Court of Delhi) had jurisdiction to issue any direction, order or writ to the Union of India, because the seat of the Government of Inia was located in New Delhi. Cause of action was a concept totally irrelevant and alien for conferring jurisdiction of the High Courts under Article 226 of the Constitution. An attempt to import such concept was rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pany contended that part of cause of action had arisen within the jurisdiction of Punjab and Haryana High Court and relied on the following facts :- "(i) the appellant Company has its registered and corporate office at Chandigarh; (ii) the appellant Company carries on business at Chandigarh; (iii) the offer of the appellant Company was accepted on 20-2-2004 and the acceptance was communicated to it at Chandigarh; (iv) part-performance of the contract took place at Chandigarh inasmuch as Rs. 4.50 crores had been deposited by the appellant Company in a fixed deposit at Chandigarh as per the request of the first respondent; (v) the Chairman and Managing Director of the first respondent visited Chandigarh to ascertain the bona fides of the appellant Company; (vi) negotiations were held between the parties in the third week of March, 2005 at Chandigarh; (vii) letter of revocation dated 23-2-2006 was received by the appellant Company at Chandigarh. Consequences of the revocation ensued at Chandigarh by which the appellant Company is aggrieved. The respondents relied on the following facts :- (i) registered and corporate office of the first respondent Bank is at Gangtok i.e., Sik ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from various domestic users and the same is under consideration. One of the ports through which the goods are exported by the petitioner is the Chennai Port. Grade 1.4509 is regularly imported by various importers in Chennai Port. The exported consignments of the said three grades of the subject goods on which anti-dumping duties are likely to be recommended by the respondent No. 2 will have to be paid when cleared from the bonded Customs Warehouse at ICD, Chennai by filling bills of entry as proved under the Customs Act, 1962. Thus, assessment of duties upon clearance of the subject goods exported by the petitioner presently takes place at Chennai i.e., within the State of Tamil Nadu. Thus, the injury by way of assessment and payment of anti-dumping duties on the three grades of the subject goods exported by the petitioner would be caused to the petitioners within the State of Tamil Nadu. Thus, as aforesaid, most of the consequences of the issue involved in the present petition shall fall on the petitioners within the State of Tamil Nadu and therefore, the petitioners are constrained to approach this Hon'ble Court for appropriate orders, writs and directions inasmuch as the cause ..... X X X X Extracts X X X X X X X X Extracts X X X X
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