TMI Blog2005 (2) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... ugned order must necessarily be set aside but that the writ petition itself should be dismissed with liberty granted to the parties to respondent No. 1 to approach the CESTAT under provisions of Section 9C and to agitate all points raised in the writ petition before such Tribunal. Inasmuch as the proceedings have been conducted before an inappropriate forum and keeping in view the provisions of Section 14 of the Limitation Act, 1963 the period spent in prosecuting the writ petition should be condoned - Decided in favour of assessee. - 1091 & 1093 of 2005 - - - Dated:- 9-2-2005 - Ruma Pal, Arijit Pasayat and C.K. Thakker, JJ. [Order]. - Leave granted. 2.These appeals have been preferred from an interim order passed by the High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions for appeal against the orders passed by the designated authority in respect of anti-dumping issues would be rendered otiose and a person aggrieved by the final finding of the designated authority could, despite the express provision of Section 9C of the Customs Tariff Act, invoke the writ jurisdiction with impunity. 5.The High Court not only entertained the writ petition but also granted interim relief to the respondent No. 1 restraining, inter alia, the appellant and the other respondents from giving effect to the Notification No. 81/2004, dated 28-7-2004 by which the earlier Notification imposing provisional anti-dumping duty has been rescinded and from given effect to the proviso inserted before the explanation in C.G. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atters, in which there was also a challenge to the final finding of the Designated Authority and the identical Notifications, we had directed the matter be agitated before the CESTAT. Indeed the appeal is already pending before the CESTAT. 9.In the circumstances, we are of the view that the impugned order must necessarily be set aside but that the writ petition itself should be dismissed with liberty granted to the parties to respondent No. 1 to approach the CESTAT under provisions of Section 9C and to agitate all points raised in the writ petition before such Tribunal. Inasmuch as the proceedings have been conducted before an inappropriate forum and keeping in view the provisions of Section 14 of the Limitation Act, 1963 the period spent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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