TMI Blog2019 (4) TMI 739X X X X Extracts X X X X X X X X Extracts X X X X ..... odity in question, else there would have been at least some resistance or submission on their behalf to the designated authority. The anti dumping duty in case if not extended for the suitable period, then the same would render the petition infructuous and the entire challenge to the final finding which is, prima facie, appears to be substantive in nature would be rendered without any avail to the petitioner. The extension of anti dumping duty ordered under the notification dated 09/10/2018 be further extended by respondent-Union of India for appropriate period, not less then one month from 09/04/2019 - Notice returnable on 08/04/2019. - SPECIAL CIVIL APPLICATION NO. 6896 of 2019 - - - Dated:- 5-4-2019 - S.R.BRAHMBHATT AND MR. V. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 accordance with the principles laid out in Annexure II is also not discernible from the reading of the impugned order; Extensive material in terms of annexures was placed before the designated authority to make out a case for a review and continuance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... till such decision is taken, in view of the provisions of Section 9(A)(5) and proviso thereunder. As during the pendency of Sunset Review and investigation thereupon, the anti dumping duty may continue to be levied, however, not beyond the total period of six years and as the request for Sunset Review was made well within the time and as the time for extension pending the decision on Sunset Review was available, the Court deemed it fit to order extension of the anti dumping duty also. 4. Learned counsel has also submitted that the said direction unfortunately was required to be enforced by an additional order of this Court which was require to be made on miscellaneous application being Misc. Civil Application No.1 of 2018 in proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... till 09/04/2019 and disclosure statement was issued and the comments were invited. 6. Learned counsel urged the Court to compare between the earlier final finding where anti dumping duty continuation was recommended which is produced at page nos.307, 335, 336 with final finding at page no.67 and submitted that as such there is a clear indication of lack of application of mind to the relevant provision and the requirement for effective correct assessment especially in view of the fact that the finality of anti dumping commodities in question is enormous looking to the facts produced on record. 7. Learned counsel also invited Court's attention to the observations of the Delhi High Court judgment in case of Forech India Ltd. vs. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st some resistance or submission on their behalf to the designated authority. 10. At the same time the anti dumping duty in case if not extended for the suitable period, then the same would render the petition infructuous and the entire challenge to the final finding which is, prima facie, appears to be substantive in nature would be rendered without any avail to the petitioner. In view of this, Notice returnable on 08/04/2019. In addition of normal mode of service, service by way of approved electronic method is also permitted. 11. By way of ad interim relief, the following directions are issued: 1) The final finding impugned in this proceeding may not be acted upon till the next date of hearing. 2) The extension of anti du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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