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2021 (6) TMI 474

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..... . The captioned application is disposed of, with a direction to the petitioner, to place on record the duly attested affidavit and welfare stamp, and deposit the requisite court-fee, within three days of the Court resuming its normal and usual work pattern. W.P.(C) No.5882/2021 & CM APPL. No.18497/2021[Application filed on behalf of the petitioner seeking interim relief] 3. Via this writ petition, challenge is laid to the notification dated 15.05.2021, issued by respondent no. 2, for initiating anti-dumping investigation in respect of imports of solar cells, whether or not assembled into modules/panels, originating in or exported from China PR, Thailand and Vietnam. 4. Mr. Sujit Ghosh, who appears on behalf of the petitioner, has made, i .....

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..... g the course of the arguments. (iv) Fourthly, for the application to be considered as viable for initiating investigation, it is required to stay clear of the following two exceptions: (a) the applicant should not be related to the exporter; and (b) the applicant should not be the importer of "alleged dumped articles". In support of this plea, it is stated that the data concerning Jupiter International Limited i.e. one of the applicants would show that it had imported the "dumped article"; an aspect which has been suppressed. In this behalf, our attention has been drawn to page 445 of the paper book. (v) Fifth, although, the period of investigation spans between July 2019 and December 2020, the period of injury spans between 2016-1 .....

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..... being arrayed as a party. It is ordered accordingly. Indian Solar Manufacturers Association (ISMA) shall stand arrayed as respondent no. 3. 6.2. Mr Ghosh will file an amended memo of parties within two weeks. 7. Furthermore, issue notice in the writ petition and the interlocutory application. 7.1 Mr. Ajay Digpaul accepts notice on behalf of respondent nos.1 and 2 while Mr. Devrath accepts notice on behalf of the newly arrayed respondent no.3. 7.2 Counter affidavit(s) will be filed within four weeks from today. Rejoinder(s) thereto, if any, will be filed before the next date of hearing. 8. In the meanwhile, the time limit provided in paragraph 25 of the impugned notification for furnishing information shall stand extended to a date beyo .....

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