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2005 Supreme(SC) 1037

R. C. LAHOTI, D. M. DHARMADHIKARI, P. K. BALASUBRAMANYAN
ASSOCIATION OF SYNTHETIC FIBRE INDUSTRIES – Appellant
Versus
APOLLO TYRES – Respondent


Advocates Appeared:
Mukul Rohatgi, Senior Advocate (G. Umapathy, Krishnan Venugopal and Rakesh K.Sharma, Advocates) for the Petitioner;
S. Ganesh, Senior Advocate (Joseph Kodianthara, Ajay K. Jain, Dileep Pillai and M.P. Vinod, Advocates) for Respondent 1 [in SLP (C) No. 15704 of 2005].

ORDER

1. Issue notice.

2. The learned counsel for Respondent 1 [in SLP (C) No. 15704 of 2005], who was the petitioner in the High Court and is the principal contesting respondent before us, is present in the Court.

3. Let the other respondents be served. Additional service through standing counsel is permitted.

4. List on 22-8-2005.

5. A notification in exercise of the powers conferred by sub-sections (1) and (5) of Section 9-A of the Customs Tariff Act, 1975 read with Rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, has been issued by the Government of India on 27-4-2005. Statutory appeal under Section 9-C of the Act has been filed before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) and is awaiting hearing. Therein an application for stay has also been filed wherein orders are yet to be passed. In the meantime, Respondent 1, M/s Apollo Tyres Ltd. filed writ petition in the High Court. The High Court without noticing the petitioner herein, who was also the petitioner before the designated authority finally disposed of the petition after hearing only th





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