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2005 Supreme(SC) 1060

P. K. BALASUBRAMANYAN, R. C. LAHOTI, G. P. MATHUR
ASSOCIATION OF SYNTHETIC FIBRE INDUSTRIES – Appellant
Versus
APOLLO TYRES LIMITED – Respondent


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.

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