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2017 (5) TMI 818 - DELHI HIGH COURT

2017 (5) TMI 818 - DELHI HIGH COURT - TMI - Maintainability of petition - validity and correctness of final finding - violation of Principles of natural justice - despite the fact that Respondent No. 4 granted hearing on 2nd March, 2017 to various interested parties in the matter, the same was in complete exclusion to the Petitioner herein - Held that: - The power under Article 226 of the Constitution is an extraordinary one and should not be exercised in a routine manner especially when the Pet .....

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nder Article 226 of the Constitution to examine the correctness of the Final Finding of the DA. - Petition dismissed being not maintainable. - W.P.(C) 2632/2017 & CM APPLs 11444/2017, 14560/2017, 18504/2017, 18505/2017 - Dated:- 16-5-2017 - S. Muralidhar And Chander Shekhar, JJ. For the Petitioner : Mr Gopal Jain, Senior Advocate with Ms Reena Khaur, Mr Rajesh Sharma and Ms Rita Jha, Advocates For the Respondents : Mr Sanjeev Narula, CGSC with Mr Abhishek Ghai, Advocates ORDER Dr. S. Murali .....

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g Duty on Dumped Articles and for Determination of Injury) Rules, 1995 ('Rules). 2. One of the main planks of challenge to the Final Findings is that the Designated Authority ( DA‟) (Respondent No.4) acted in gross violation of principles of natural justice as despite the fact that Respondent No. 4 granted hearing on 2nd March, 2017 to various interested parties in the matter, the same was in complete exclusion to the Petitioner herein. It is not in dispute that against the above Final .....

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397 (Del.); PTA Users Association v. Union of India 2016 (340) ELT 125 (Del.) and Balaji Action Buildwell v. Union of India 2016 (337) ELT 166 (Del.) where in similar circumstances, this Court declined to entertain a writ petition directly against the Final Finding of the DA without exhausting the remedy by way of an appeal before the CESTAT. 4. By way of a response to the said query, Mr Jain drew the attention of the Court to the decision of the Division Bench (DB) of the Gujarat High Court in .....

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on in view of an alternative statutory remedy of appeal against the notification issued by the Central Government is concerned, the scope of inquiry before the appellate authority would be the notification issued by the Central Government and the final findings on which the same is based. The appellate authority while considering the validity of the notification under Section 18 of the Act, would not go into the validity or otherwise of the disclosure statement issued under rule 16 of the rules. .....

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tion thereupon also falls. Having regard to the fact that the principal challenge in the petitions is to the disclosure statement, the submission that in view of the notification issued by the Central Government against which there is a statutory remedy available, the court may not exercise its writ jurisdiction under Article 226 of the Constitution of India does not merit acceptance. For the reasons set out in the earlier order dated 13.12.2016, this court does not find any reason to relegate t .....

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with the above conclusion reached by the DB of the Gujarat High Court. The reasons that weighed with the Gujarat High Court to conclude that it will not be possible for the party aggrieved to challenge the disclosure statement before the CESTAT is unable to be discerned from the above passage. If the Final Finding can be appealed against before the CESTAT, there is no reason why the CESTAT cannot examine the correctness of the assertions made in the disclosure statement which constitutes the ve .....

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1A)..... (3) The Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order thereon as it thinks fit, confirming, modifying or annulling the order appealed against. (4) The provisions of sub-section (1), (2), (5) and (6) or section 129C of the Customs Act, 1962 shall apply to the Appellate Tribunal in the discharge of its functions under this Act as they apply to it in the discharge of its functions under the Customs Act, 1962. (5) Every appeal .....

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d under Rule 16 of the Rules. It is like saying that an appellate Court which is in exercise of its powers under Section 96 of the Code of Civil Procedure 1908 (CPC) judicially reviewing a decree and judgment in a suit would be precluded from examining the correctness of the assertions made in a plaint or a written statement. In the context of the proceedings before the DA, the disclosure statement would be comparable to a plaint. Consequently, the Court is not persuaded that the grounds urged i .....

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