TMI Blog2016 (10) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... ber 2015 with the enclosed documents was examined by the DA - A direction issued to DA to examine the Petitioner’s application dated 18th December 2015 and the enclosed documents and take a decision, in writing, after hearing the Petitioner, if considered necessary, within a period of four weeks from today - petition allowed - decided in favor of petitioner. - W.P.(C) 5501/2016 and CM 22940/2016 - - - Dated:- 3-6-2016 - S. MURALIDHAR AND VIBHU BAKHRU JJ. Mr. Aashish Gupta, Advocate for the Petitioner. Mr. Ravi Prakash, CGSC with Mr. Aditya Dewan, Advocate. Mr. Rajesh Sharma, Advocate for the Resppondents. ORDER Dr. S. Muralidhar, J: CM 22941/2016 (for exemption) 1. Allowed, subject to all just exceptions. W.P.( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Inovyn. 5. Subsequent to the Final Findings dated 4th April 2014, the European Commission on 8th May 2014 approved the Inovyn JV under the EU Merger Regulation. On 1st July 2015 the creation of Inovyn JV was implemented including inter alia by transfer of the entire share capital of the Petitioner to Inovyn JV. 6. It is further stated that name of the Petitioner was changed from Ineos Chlor Vinyls Ltd. to the present name i.e. Inovyn Chlor Vinyls Ltd. The Petitioner has enclosed with the petition a copy of the 'Certificate of Incorporation on Change of Name' dated 26th June 2015, issued by the Registrar of Companies for England and Wales under the Companies Act 2006 of the U.K. It is however stated that the Petitioner's c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following paragraphs of the said decision dated 2nd June 2016 of this Court in W.P. (C) No. 4749 of 2016 will apply to the present case, with the only difference being that the reference to the Swedish Companies Registration Office should be replaced by the Registrar of Companies England and Wales: 18. In the present case it was incumbent on the DA to have first examined whether, on the basis of the documents submitted by the Petitioner, the change in its name has altered or impacted the basis for the imposition of the anti-dumping Duty in terms of the Final Findings dated 4th April 2014. In order to come to such conclusion there has to be preliminary level examination, with the participation, if necessary, of the Petitioner. From the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to account for the need to make routine clerical corrections in the Final Findings or for that matter in any other Findings rendered by the DA particularly where such corrections are occasioned by changes that take place after the issuance of the Findings or notification as the case may be. The contingency of change in name is one such. 20. The failure to devise a procedure for dealing with such contingencies cannot constitute a valid reason to compel the initiation of a mid-term Review to effect changes that are of a routine nature and which do not affect the basis of the Findings. It is made clear, however, that if on examination of application made by such entity together with relevant documents the DA is of the view that such change ..... X X X X Extracts X X X X X X X X Extracts X X X X
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