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M/s. R.S. Industries (Rolling Mills) Ltd. Versus The Union of India & Ors.

2016 (5) TMI 1277 - RAJASTHAN HIGH COURT

Challenge to Rule 5 of the Hot Re-rolling Mills Annual Capacity Determination (Amendment) Rules, 1997. - Held that:- In view of the above, the writ petition is ordered to be governed by the judgments of the Karnataka High Court in the cases of Meenakshi Steel (2015 (9) TMI 151 - KARNATAKA HIGH COURT) and Bhuwalka Steel (2015 (9) TMI 202 - KARNATAKA HIGH COURT), however, this order is to be governed finally by the outcome of the pending appeal before the Apex Court in the case of Bhuwalka Steel o .....

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tion No.1403/1998 - Dated:- 26-5-2016 - MR. JUSTICE M.N. BHANDARI AND MR. JUSTICE J.K. RANKA Mr. R.K. Salecha, Mr. Dheeraj Verma for the petitioner Mr. R.D. Rastogi, ASG with Mr. Ashish Kumar , Ms. Archana on behalf of Mr. Anil Mehta for the respondent JUDGEMENT An application filed for amendment in the writ petition is not pressed and is accordingly dismissed. By this writ petition, a challenge is made to the Notification nos.33/97-C.E.(N.T.) and 34/97-C.E.(N.T.), dated 1.8.1997. It is to chall .....

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rent High Courts. The Karnataka High Court had decided the issue by a detailed judgment in the case of Meenakshi Steel Re-Rolling Mills v. Union of India 2015 (330) E.L.T. 138 (Kar.). The challenge to Rule 5 of the Rules, 1997, showing it to be ultra vires to Section 3A of the Act, 1944, has not been accepted. Subsequently, same view was taken in other case of Bhuwalka Steel Industries Ltd. v. Union of India 2015 (323) E.L.T. 73 (Kar.). The learned counsel for the parties submit that an appeal h .....

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asked to seek instruction about their intention to move an application before the Apex Court to consolidate all the cases pending before various High Courts. Learned counsel appearing for the Revenue submits that no such application for consolidation of cases has been made in reference to the petitions pending before this Court. In fact the issue has already been determined by the Karnataka High Court by a detailed judgment and now is pending consideration before the Apex Court, there exists no .....

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aka High Court, the petitioner would be required to file an appeal before the Apex Court, multiplying the litigation, which otherwise can be saved by accepting the prayer made above and if such a direction is given, the petitioner would be satisfied with it. The learned counsel appearing for the Revenue submits that the issue having been decided by the Karnataka High Court, and according to him even by Madras High Court, the judgments of those Courts need to be applied. He has, however, agreed t .....

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ow old by 18 years, though on earlier occasion, the hearing was deferred in reference to an order in the pending case before the Madras High Court. The order was passed by the Madras High Court when Revenue had shown its intention to make an application before the Apex Court to consolidate hearing of writ petition pending before different High Courts. The Revenue was directed to seek instruction as to whether they intend to make an application in pending writ petition also. On the direction of t .....

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