TMI Blog2020 (7) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... period of eight weeks from the date of the receipt of the writ of this order. Application disposed off. - R/SPECIAL CIVIL APPLICATION NO. 7245 of 2020 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2020 In R/SPECIAL CIVIL APPLICATION NO. 7245 of 2020 - - - Dated:- 22-6-2020 - HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH AND HONOURABLE MR. JUSTICE J.B.PARDIWALA Appearance: MR MIHIR JOSHI, SENIOR ADVOCATE WITH MS GARGI R VYAS(7983) for the Petitioner(s) No. 1,2 for the Respondent(s) No. 1,2,3,4 ORAL ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA) 1. By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs: a) This Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compass. 3. The writ applicants seek appropriate directions upon the respondent No.1 to levy anti dumping duty on the Nylon Multi Filament Yarn originating in or exported from China PR, Korea RP, Taiwan and Thailand. It is the case of the writ applicants that the failure on the part of the respondent No.1 is causing injury to the domestic industry. It is the case of the writ applicants that the Directorate General of Trade Remedies, Government of India, Ministry of Commerce and Industries, Department of Commerce, has issued a Notification dated 4th March 2020 with its final findings. It is the case of the writ applicant that the Additional Secretary and designated authority has already recommended something which goes in favour of the w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Having regard to the lesser duty rule, the Authority recommends imposition of definitive anti-dumping duty equal to the lesser of margin of dumping and margin of injury, so as to remove the injury to the domestic industry. Accordingly, definitive anti dumping duty equal to the amount indicated in Column 7 of the duty table below is recommended to be imposed for period of five (5) years from the date of notification to be issued in this regard by the Central Government, on all the imports of the subject goods, originating in or exported from the subject countries. 6. Mr. Mihir Joshi, the learned senior counsel appearing for the writ applicants submitted that the respondent No.1 is now expected to act pursuant to the recommendations ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssociation and others. The main ground raised in the Civil Application is that the Union of India is bound to examine the issue independently before examining the anti dumping duty and should take into consideration the recommendations made by the Ministry of Textile. In other words, the Union of India should not impose anti dumping duty only upon the recommendations of the designated authority. 12. We are of the view that no good purpose would be served to implead the applicants of the Civil Application at this stage in the main matter as we propose to dispose of the main matter by appropriate observations. 13. Having heard the learned counsel appearing for the parties and having gone through the materials on record, we may only say ..... X X X X Extracts X X X X X X X X Extracts X X X X
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