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2008 Supreme(SC) 516

P.SATHASIVAM, AFTAB ALAM, ARIJIT PASAYAT
Tata Chemicals Ltd. – Appellant
Versus
Union of India – Respondent


judgment

Dr. Arijit Pasayat, J. —

1.Since the Special Leave Petitions, Writ Petitions, Civil Appeal and the Transfer Applications involve identical issues, they are taken up together for disposal. When SLP (C) Nos.9423-9432 of 2000 were listed for admission, it was noted that earlier SLP (C) Nos.8203-8212 of 2000 (M/s Saurashtra Chemicals Ltd. v. Union of India & Ors.) filed against the judgment and order dated 21st January, 2000 of Central Excise and Gold Control Appellate Tribunal, New Delhi (in short ‘CEGAT’) were dismissed with the observations that the orders of the Designated Authority, Ministry of Commerce, New Delhi, were recommendatory; and that an appeal lies against determination; and that determination had yet to be made by the Central Government.

2.A two-Judge Bench hearing the Special Leave Petitions (Civil) Nos. 9423-9432 of 2000 noted that the challenge before the CEGAT was not only against the determination of the Designated Authority but also against the Customs Notification dated 27th October, 1998 whereby anti-dumping duty was imposed. The Bench noted that this aspect was not apparently brought to the notice of the Bench when it passed the order dated 11th Ma








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