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2020 Supreme(SC) 520

ARUN MISHRA, VINEET SARAN, S.RAVINDRA BHAT
DESIGNATED AUTHORITY – Appellant
Versus
ANDHRA PETROCHEMICALS LIMITED – Respondent


Advocates Appeared:
For the Petitioner(s):K.K.Venugopal, Ld. AG Anil Katiyar, Advocates
For the Respondent(s):Y. Rajagopala Rao, Y. Vismai Rao, K. Pramod Kumar Advocates

JUDGMENT :

S. RAVINDRA BHAT, J.

1. Leave granted. With consent, the appeals were heard finally. The present appeals by special leave impugns three orders of the Telangana High Court, dated 28.08.2018, 22.07.2019 and 05.08.2019 respectively. These were in the context of the respondent/writ petitioners’ (hereafter “Andhra Petro”) challenge to orders of the Designated Authority (hereafter “DA”), which related to the question of imposition of anti-dumping duty.

2. The facts are that Andhra Petro applied to the Central Government, seeking imposition of anti-dumping duty on imports of normal Butanol or N-butyl alcohol originating in and exported into India from Saudi Arabia. Butanol is a basic organic chemical and a primary alcohol; it is an excellent solvent for acid-curable lacquers and baking finishes. A large part of normal Butanol is converted into derivatives for use as solvents in coating industries. This application resulted in the initiation of investigation by the designated authority into the import of the subject articles from Saudi Arabia, by notification dated 02.09.2016.

3. Andhra Petro furnished import data for the period of three months. The period of investigation was from


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