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2012 Supreme(Mad) 2104

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. JYOTHIMANI & THE HONOURABLE MR. JUSTICE M. DURAISWAMY
Nirma Limited & Others
Versus
Saint Gobain Glass India Limited & Others
W.A.Nos.193, 194, 189, 195, 307 & 337 of 2012
Decided On: 27-04-2012

Advocates appeared:
For the Appellants:Krishnan Venugopal, Senior Counsel for M/s. S. Venkatesan, Satish Parasaran, Advocates. For the Respondents:Arvind P. Datar, Senior Counsel for Karthik Sundaram, Vijayanarayanan, Senior Counsel, M. Ravindran, Additional Solicitor General for Mrs. R. Maheswari, SCGSC, K. Mohanamurali, P.S. Raman, Senior Counsel for M/s. Shivakumar & Suresh, Advocates.

Judgment :-


P.JYOTHIMANI,J.

1. While W.A.Nos.193, 194, 189, 195 and 307 of 2012 arise from the order of the learned Judge dated 23.12.2011 in W.P.No.23515 of 2011 filed by the first respondent in W.A.Nos.193, 194, 195 of 2012 and 189 of 2012, who is the appellant in W.A.No.307 of 2012, namely Saint Gobain Glass India Limited, Sriperambathur, W.A.No.337 of 2012 arises from the order of the learned Judge dated 1.12.2011 in W.P.No.4602 of 2011 filed by the Saint Gobain Glass India Limited, Sriperambathur.

2.1. The facts leading to the filing of these appeals are as follows. The said writ petitioner has challenged a notification dated 2.9.2011 issued by the Directorate General of Anti-Dumping and Allied Duties, New Delhi, who has been arrayed as third respondent in W.A.Nos.193, 194 and 189 of 2012, second respondent in W.A.Nos.307 and 337 of 2012 and has filed W.A.No.195 of 2012.

2.2. Under the notification which was originally challenged, the appellant in W.A.No.195 of 2012, namely the Directorate General of Anti-Dumping and Allied Duties, New Delhi the Designated Authority, has given a preliminary finding in respect of investigation regarding the import of Soda Ash originating in or exported from China PR, European Union, Kenya, Iran, Pakistan, Ukraine and USA. The said notification was issued based on the Customs Tariff Act, 1975 (for brevity, "the Act") and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (for brevity, "the Rules").

2.3. The Designated Authority has considered the application of Alkali Manufacturers Association of India (for 5th respondent in W.As.193 and 194 of 2012, Appellant in W.A.189 of 2012, and 4th respondent in W.As.195, 307 and 337 of 2012). The said association has made application on behalf of the domestic industry alleging dumping of Soda Ash from the countries as stated above. The Designated Authority thereafter issued a public notice to all the known exporters, apart form notifying the embassy of the subject countries in India; sent questionnaires to elicit relevant information from various known exporters, including GHCL Limited -appellant in W.A.No.194 of 2012, who filed the said appeal on obtaining leave of this Court, apart from various known importers and users of the subject goods in India, in accordance with Rule 6(4) of the Rules, which includes Saint Gobain Glass India Limited, the appellant in W.A.No.307 of 2012.

2.4. Under the original impugned order challenged in W.P.No.23515 of of 2011, which is a preliminary finding given by the Designated Authority, the issue considered was in respect of the material, namely Disodium Carbonate, commonly known as Soda Ash, produced through synthetic route and natural route and in two forms - Light Soda Ash and Dense Soda Ash. Earlier the issue was examined by the Designated Authority and the investigation was concluded against China.

2.5. The Designated Authority examined the fact that Soda Ash is an essential ingredient in the manufacture of detergents, soaps, cleaning compounds, sodium based chemicals, float glass, container and specialty glasses, silicates and other industrial chemicals; and is widely used in textiles, paper, metallurgical industries and desalination plants and the said Soda Ash is classified under Chapter 28 of the Act under subheading No.2836.20. According to the domestic industry, light and dense Soda Ash are one product. That apart, it was claimed that natural and synthetic Soda Ash is also one product. However, there was a contra argument by some other parties.

2.6. While referring to the term "like article" under Rule 2(d) of the Rules, the claim of the applicant - Alkali Manufacturers Association of India was that there was no difference in the subject goods produced by the domestic industry and that imported from the subject countries. Certain interested parties have questioned the competency and standing of the applicant





































































































































































































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