TMI Blog2016 (9) TMI 1256X X X X Extracts X X X X X X X X Extracts X X X X ..... learly indicates that there are vital information, which has gone into consideration by the authorities without they being available to the petitioners, as many columns have been containing asterisk marks, and figures have been withheld from the interested parties - Notice returnable on 17.10.2016 - petition allowed. - SPECIAL CIVIL APPLICATION NO. 16426 of 2016 With SPECIAL CIVIL APPLICATION NO. 16427 of 2016 With SPECIAL CIVIL APPLICATION NO. 16428 of 2016 With SPECIAL CIVIL APPLICATION NO. 16429 of 2016 - - - Dated:- 26-9-2016 - MR.JUSTICE S.R.BRAHMBHATT AND MR.JUSTICE A.Y. KOGJE MR MIHIR JOSHI, SR. ADVOCATE WITH MR GAURAV S MATHUR ADVOCATE WITH MS. REENA KHAIR ADVOCATE AND MR. RAJESH SHARMA ADVOCATE , MR S.N.SOPARKAR SR. ADVOC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g at a conclusion for making final recommendations to the Government. The period for investigation is ordinarily one year, but extendable by Union of India in a given case. 4. In the instant case, it was submitted that the notice for initiating of investigation under Rule 23 of the Rules was issued on 21.07.2015 and 01.10.2015, and ultimately the Rule 16 Disclosure of information came to be provided only on 14.09.2016, which runs into more than 50 pages and it was pointed out that essentially three factors, which were required to be considered and information whereon was required to be disclosed to the interested party, were not disclosed, as it is evident from close perusal of the paragraphs in the report. A disclosed statement in which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t adverted to the aspects of injury and when the statement contains a positive findings qua the price under cutting and that increased in dumping activities, then the paragraphs characterized to be final conclusion, would reveal lack of proper appreciation of even the facts, which were otherwise available to the authorities. 7. In that view of the matter, it was urged that let the authorities may not at least render its final findings, and it be directed to afford sufficient opportunity with all the requisite material to the petitioners, or else the petitioners and other interested parties will be subjected to a decision and a finding in which there will be clear breach of principles of natural justice. 8. We are of the considered vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sable or an imminent, substantial increase in capacity of the exporter indicating the likelihood of substantially increased dumped exports to Indian market, taking into account the availability of other export markets to absorb any additional exports. c. Whether imports are entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likely to increase demand for further imports and, d. Inventories of the article being investigated. But they have not been adverted to after taken into consideration the fact that even the authorities on findings during the period of investigation indicate that there exists dumping, despite the duty being levied. Therefore, the authorities ought to ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that view of the matter, let there be Notice returnable on 17.10.2016. 14. In the meantime and till the returnable date, the respondent no.2 is restrained from rendering the final finding on the mid-term review undertaken pursuant to the notice dated 21.07.2015. It would be open to the respondents to proceed with the inquiry and investigation and also open to the petitioners to place on record to the authorities their submissions so as to avoid any unnecessary wastage of time, but final findings or any subsequent decision may not render till the next date of hearing. 15. This order is passed ex parte, therefore, it goes without saying that it would be open to the otherside to approach the Court even prior to the returnable date for va ..... X X X X Extracts X X X X X X X X Extracts X X X X
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