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2005 Supreme(SC) 1060
(2010) 13 Supreme Court Cases 733
SUPREME COURT OF INDIA
R.C. LAHOTI, CJI., G.P. MATHUR AND P.K. BALASUBRAMANYAN, JJ.
ASSOCIATION OF SYNTHETIC FIBRE INDUSTRIES -Appellant
Versus
APOLLO TYRES LIMITED AND OTHERS -Respondents
Civil Appeals Nos. 5171-72 of 2005
Decided on : August 22,2005
Headnote:Constitution of India – Article 226 – In view of alternate efficacious remedy by way of appeal being available to the appellant – Interference by High Court was not called for. (Para 2)
Facts of the case:
During pendency of statutory appeal High Court interfered in the matter.
Finding of the Court:
Interference by High Court was not called for.
Result:
Writ petition before High Court directed to be dismissed.
ORDER
1. All the parties are present in the Court. Heard. Leave granted.
2. The statutory remedy of appeal under Section 9-C of the Customs Tariff Act, 1975 against the notification issued under Section 9-A(1) 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 preferred. The Tribunal is already seized of the hearing. During the pendency of the appeal, any interference by the High Court in exercise of its writ jurisdiction was not called for as alternate efficacious remedy by way of appeal was available to the appellant.
3. It is stated at the Bar that the appeal is coming up for hearing before the Tribunal today itself.
4. The appeals are allowed. The impugned order dated 12-7-2005 passed by the High Court is set aside. The writ petition filed by Respondent 1 before the High Court is directed to be dismissed. Needless to say, as already indicated in the interim order of this Court dated 12-8-2005 the Tribunal will e be at liberty to pass such interim orders as it deems fit to make in its discretion and in accordance with law.
5. No order as to the costs.
