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TMI Blog2005 (2) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... erim order passed by the High Court of Gujarat on a writ petition filed by the respondent No. 1 initially, challenging the final finding of the designated authority on a New Shipper Review. Subsequent to the filing of the writ petition, the final finding of the designated authority was notified by the Central Government by Notification dated 28-7-2004. A second Notification was issued by the Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mic impact of every case of alleged dumping would necessarily affect the people of the country at large. If the reasons given by the High Court were to be accepted as a valid basis for exercise of its judicial discretion to entertain the writ petition in its extra ordinary jurisdiction under Article 226 of the Constitution, then the provisions for appeal against the orders passed by the designated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eason. Indeed the High Court said that no reasons were given in support of the interim relief because any observation made was likely to come in the way of the party at the stage of final relief. 6.It is well established that orders passed on interlocutory proceedings do not conclude the merits of the matter. We fail to see how observations made at an interim stage could come in the way of either ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned order we have no hesitation in interfering with this particular exercise of discretion by the High Court and set aside the same. 8.It may be mentioned that in related matters, 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 bef ..... X X X X Extracts X X X X X X X X Extracts X X X X
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