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2018 Supreme(Guj) 899

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.R. Brahmbhatt, A.G. Uraizee, JJ.
DCW Limited - Appellant
Vs.
Union of India - Respondent
Special Civil Application No. 14202 of 2017
Decided On : 11-06-2018

Advocates:
Advocate Appeared:
Saurabh Soparkar, Gaurav S. Mathur, Kuntal Parikh, Abhishek Shah, Mihir Joshi, Gaurav Mathur, Devang Vyas, Balbir Singh, Somnath Shukla, Hardik P. Modh, Vishal K. Sevak, P.R. Gupta

Headnote:

Anti- Dumping Rules, 1995 - Rule 3, 17 - Anti-dumping duty - In this group of petitions there is a common challenge to the final finding whereby the respondent no.2 has recommended to the Govt. of India withdrawal of the anti-dumping duty as a result of an exercise undertaken under Mid Term review hereinafter referred to as the MTR for the sake of brevity - Held, In view of the aforesaid discussion, we are of the view that the final findings cannot be sustained as they have been vitiated and hence they are required to be quashed and set aside - Court has also considered that the respondent no. 2 could not have annulled the Sunset Review and the annulment of Sunset Review is only in the eventuality mentioned in the rules and same being absent in the present case, the respondent no.2 was require to bring the Sunset Review in its logical conclusion - Hence Court quashes and sets aside the annulment and direct the respondent nos. 1 and 2 to do the needful for bringing the Sunset Review to its logical end strictly in accordance with law - I.A is disposed of. (Paras 44, 45)

JUDGMENT :

S.R. Brahmbhatt, J.

Heard Shri Saurabh Soparkar, learned Senior Advocate, Shri Mihir Joshi, learned Senior Advocate, assisted by Mr. Gaurav Mathur, learned advocate for the petitioners and Mr. S.V. Raju, learned Senior Advocate, assisted by Mr. Vishal Sevak, learned advocate for the respondent no.6 and Shri Balbir Singh, learned Senior Advocate, assisted by Mr. Devnath Somnath Shukla, Mr. Hardik Modh, for respondent no.7.

2. In this group of petitions there is a common challenge to the final finding dated 22.07.2017 whereby the respondent no.2 has recommended to the Govt. of India withdrawal of the anti-dumping duty as a result of an exercise undertaken under Mid Term review hereinafter referred to as the MTR for the sake of brevity. This challenge is common in all the petitions whereas in two petitions, there is an additional challenge to the order passed by the respondent no.2 on 22.07.2017 where under the respondent no.2 rescinded and annulled the sunset review on the ground that the sunset review was initiated during pendency of MTR and as the MTR recommendation is available the sunset review is required to be annulled. In SCA No.14202 and 14204 of 2017, the challenge is to the final finding dated 22.07.2017 as well to the order of annulment of sunset review dated 22.07.2017, whereas in SCA No.14203, 14205, 14206 and 14207 of 2017 the challenge is confined to the final finding rendered on 22.07.2017. The product called Soda Ash is common in all these petitions for which the anti-dumping duty was imposed. However, these petitions could be further regrouped into two sub-groups not only on account of challenge to the order of annulment of SSR but also on account of the fact that the anti-dumping duty so far as the SCA no.14202 and 14204 is concerned was imposed upon the soda ash imported from the countries from Peoples Republic of China, European Union, Kenya, Pakistan, Iran, Ukraine and USA on which the anti dumping duty was imposed on 03.07.2012 for the period of 5 years, whereas in the rest of the petitions the anti dumping duty on soda ash was imposed from the country like Turkey and Russia and the date of imposition happens to be 18.04.2013. Apart therefrom, there appears to be no further difference or distinction and hence all the matters were heard together and are disposed of by this common order and judgment.

The reliefs which are prayed for in Special Civil Application No.14204 of 2017 could be considered to be a common reliefs to the extent of final finding dated 22.07.2017 on Mid Term Review as in Special Civil Application No.14203 of 2017, 14205 of 2017, 14206 of 2017 and 14207 of 2017 wherein there was no Sunset Review. Reliefs prayed for in Special Civil Application No.14204 of 2017 reads as under:

"A. This Honble Court be pleased to issue a writ of mandamus or a writ, order or direction in the nature of mandamus or any other appropriate writ, direction or order, and quash and set aside Notification No.15/28/2014-DGAD dated 22.07.2017 and Order dated 22.07.2017 rescinding Sunset Review investigation, issued by the Respondent No.2 and annexed as Annexure I and J hereto; and

B. Pending hearing and final outcome of this petition, this Hon'ble Court be pleased to by way of interim and/or ad interim relief stay the operation and implementation of Notification NO.15/28/2014-DGAD dated 22.07.2017 and Order dated 22.07.2017 rescinding Sunset Review investigation, issued by the Respondent No.2 and annexed as Annexure I and J hereto; and

C. Pending hearing and final outcome of this petition, this Honble Court be pleased to by way of interim and/or interim relief direct the Respondent No.3 not to act in pursuance of Notification No.15/28/2014-DGAD dated 22.07





































































































































































































































































































































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