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2016 (10) TMI 20 - DELHI HIGH COURT

2016 (10) TMI 20 - DELHI HIGH COURT - 2016 (339) E.L.T. 539 (Del.) - Imposition of Anti Dumping duty - PVC Suspension Resin - import from EU and Mexico - mid-term review - acquisition of joint control of a newly established joint venture by way of transfer of assets - change of name - Held that: - the decision in the case of Inovyn Sverige AB Versus The Designated Authority & Anr [2016 (6) TMI 308 - DELHI HIGH COURT] relied upon. - The impugned communication dated 7th March 2016 issued to t .....

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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.(C) 5501/2016 & CM 22940/2016 (for stay) 2. The challenge in this petition by Inovyn Chlor Vinyls L .....

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rom European Union ( EU ) and Mexico. 3. The Petitioner, earlier known as Ineos Chlor Vinyls Ltd., is a company incorporated in the United Kingdom (U.K) and is a producer and exporter of PVC Suspension Resin. The Petitioner participated in the investigation undertaken by the DA. By the Final Findings dated 4th April 2014, the DA recommended a duty of USD 39.65/MT on the import of PVC Suspension manufactured by the Petitioner. 4. During the pendency of the investigation before the DA on 16th Sept .....

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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 t .....

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ur, by the Final Findings and the consequent notification, in respect of the PVC Suspension Resin produced by it. 8. The Petitioner along with Inovyn Sverige AB jointly filed an application before the DA on 18th December 2015 for change of their names in the Final Findings. The Petitioner states that with the said application it had placed on record before the DA all the materials to show that but for the change in the name, the operation of the Petitioner continued to remain the same. The above .....

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n the said judgment. It should be read as applying to the present petition as well since the facts are more or less similar. The 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 .....

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its name. A mere change of name cannot alter the legal status of the entity. For instance, if a company is a party before a Court in a litigation and the name of the company has undergone a change in terms of the Companies Act then the Court would on an application by the party concerned permit the amendment to the memo of parties and to the cause title of the case. This is a routine exercise. After all the Court cannot examine if such a change in name is justified since that takes place with th .....

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much about the prejudice caused to the Petitioner by the mid-term Review but whether in fact it is called for at all. A mid-term Review would undoubtedly not get over in a short time. It would undoubtedly further delay the availing of the benefit of the anti-dumping duty notification by the Petitioner. The Court suggests that the DA must issue a further set of instructions to account for the need to make routine clerical corrections in the Final Findings or for that matter in any other Findings .....

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