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TMI Blog2018 (11) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner and Mr. Nirzar Desai, learned Standing Counsel for the respondent no. 1. 3. The applicant - original petitioner is constrained to file this application though Special Civil Application No. 12368 of 2018 filed by the petitioner challenging the order dated 17.05.2018 passed by the Designated Authority, Directorate General of Anti-Dumping and Allied Duties by which the application of the applicant to initiate sunset review investigation under Rule 23(1B) of the Custom Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 for the purpose of continuing of anti-dumping duty on the imports of Ductile Iron Pipes (DI Pipes) originating in or exported from China ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en called for from exporting countries. A casual finding refusing to initiate sunset review investigation is recorded by stating that the applicant has failed to provide sufficient and satisfactory evidence in support of its prayer to initiate sunset review investigation. * The order therefore fails the test of having considered the application, as required under the mandate of the Section i.e. Section 9A(5) read with the Rules thereunder. 12. Accordingly, impugned order dated 17.05.2018 is set aside, as the same is without reasons. The respondent authority shall decide the application requesting a sunset review afresh, in accordance with law, within six months from the date of receipt of this order. Till such a decision is taken, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court which may include proceedings under the Contempt of Courts Act also. 7. The prayers in paragraph no. 6(a) and (b) of the application which read as under are granted accordingly: 6) In view of the above facts and circumstances, the Applicant most respectfully prays that this Hon'ble Court may be pleased to:- a) Direct Respondent or concerned Ministry in his absence to comply with Order dated 26.09.2018 passed in Special Civil Application No. 12368 of 2018 by initiating sunset review well before 09.10.2018; and b) Direct Respondent or the concerned Ministry to comply with Order dated 26.09.2018 passed in Special Civil Application No. 12368 of 2018 by requesting Ministry of Finance for extending duties under Notification No. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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