SAURASHTRA CHEMICALS LIMITED vs UNION OF INDIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2000 Supreme(SC) 1034

(2009) 17 Supreme Court Cases 529
S.P. BHARUCHA AND SHIVARAJ V. PATIL, JJ.
SAURASHTRA CHEMICALS LIMITED – Petitioner
Versus
UNION OF INDIA AND OTHERS – Respondents.
SLPs (C) Nos. 8203-12 of 2000
Decided on : May 11,2000

Advocates appeared:
V. Lakshmikumaran and V. Balachandran, Advocates, for the Petitioner;
K.N. Raval, Additional Solicitor General, Gopal Subramanium and T.R. Andhyarujina, Senior Advocates (Ajit Kr. Sinha, K.C. Bajaj, S.C. Malik, Suhail Nathani, Imtiaz Ahmed, P. Parameswaran and Ms Nandini Gore, Advocates) for the Respondents.

Headnote:Constitution of India, Article 136 - Customs Tariff Act, 1975, Section 9-C - Customs Act, 1962, Section 129-A – Case relating to excise and Customs - Anti-dumping - Recommendatory order of the Designated Authority - Appeal against the same to CEGAT - Not maintainable - Lies only against the determination made by the Central Government - Interference under Article 136 of the Constitution – Not warranted.
[Para 1]

ORDER

We see no reason whatsoever to entertain these special leave petitions. It is perfectly clear now that we have seen the provisions of the Act that the order of the designated authority is purely recommendatory. The appeal that lies is against the determination and that determination has to be made by the Central Government. For this reason, we decline to exercise jurisdiction under Article 136 of the Constitution of India and dismiss the special leave petitions.

Court Masters

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2000 Supreme(SC) 1034

(2009) 17 Supreme Court Cases 529S.P. BHARUCHA AND SHIVARAJ V. PATIL, JJ. SAURASHTRA CHEMICALS LIMITED – Petitioner Versus UNION OF INDIA AND OTHERS – Respondents.SLPs (C) Nos. 8203-12 of 2000 Decided on : May 11,2000

(2009) 17 Supreme Court Cases 529
S.P. BHARUCHA AND SHIVARAJ V. PATIL, JJ.
SAURASHTRA CHEMICALS LIMITED – Petitioner
Versus
UNION OF INDIA AND OTHERS – Respondents.
SLPs (C) Nos. 8203-12 of 2000
Decided on : May 11,2000