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2018 (11) TMI 689

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..... arge will be held responsible for non-compliance of the order issued by this Court which may include proceedings under the Contempt of Courts Act also. Respondent or concerned Ministry is directed 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 - Respondent or the concerned Ministry is directed 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. 23/2013-Customs (ADD) dated 10.10.2013 well before 09.10.2018 - application allowed. - MISC. CIVIL APPLICATION NO. 1 of 2018 In R/SPECIAL CIVIL APPLICATION NO. 12368 of 2 .....

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..... ination of the impugned order in the background of these significant mandate as required under the Rules would suggest the absence of following factors: Nothing is evident to suggest that the designated authority called for information by supplying such copy of the application to known exporters or to the concerned trade associations, foreign producers, calling for information factors on which the allegations of injury were made by the Review Applicants. Nothing is evident to suggest that there was any determination of normal value, export price and margin of dumping and its assessment in accordance with the principles laid out in Annexure I of the Rules; Similarly, whether the determination of injury was done in accord .....

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..... or which the impugned order came to be quashed and set aside and directions issued to respondent authority are neither unambiguous or unclear nor were capable of any other interpretation but to strictly comply with the direction issued in the above order, the respondent authority was directed to decide the application preferred by the applicant for a request of a sunset review afresh in accordance with law within six months from the date of receipt of the order and till such decision is taken the period of anti-dumping duty, which ceases to have effect on or from 09.10.2018 shall stand extended. Under the circumstances, in the writ petition whether Finance Ministry was joined as a party or if joined, not served, when particularly the order .....

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