TMI Blog2011 (6) TMI 767X X X X Extracts X X X X X X X X Extracts X X X X ..... DER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. This petition has been filed by industry complaining about the Union of India not taking a decision with respect to question of imposing of antidumping duty. It is not in dispute that pursuant to the proceedings initiated under Section 9A of the Customs Tariff Act and Rule 18 of the Customs Tariff ( Identification , Assessment and Collection of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it in the nature of mandamus a writ, order or direction in the nature of mandamus thereupon directing the Ministry of Finance to accept the order of the quasijudicial Designated Authority issued vide notification No.14/19/2009DGAD dated 20th January 2011; and recommendations of the Ministry of Chemicals & Fertilizers and consequentially notifying the imposition of antidumping duty on imports of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and proper in the facts and circumstances of the case;" 2. On 12.5.2011, we had desired that on the next date of hearing i.e. today 14.6.2011, Counsel for Union of India shall apprise of status of the matter at the end of Union of India and if any decision is taken, same may be placed on record. 3. In response to such directions, one N.S. Chhawal, Assistant Commissioner of Customs has filed an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 of the said Rules, an order would be required to be passed only if any antidumping duty is to be imposed.
7. We are of the opinion that these issues are not germane in the present petition. This petition is disposed of, leaving it open to the petitioner to pursue its remedies as available under law.
8. With above observations, petition is disposed of. X X X X Extracts X X X X X X X X Extracts X X X X
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