2023:DHC:2155

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 21^st February, 2023

Date of decision: 23^rd March, 2023

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W.P.(C) 8381/2016 and CMAPPL. 34681/2016

UNION OF INDIA

..... Petitioner

Through:

Mr Ajay Digpaul, CGSC alongwith

Mr. Kamal R. Digpaul and Ms. Swati

Kwatra, Advocates.

versus

ARVIND M KAPOOR AND ANR

..... Respondents

Through:

Mr. Ankur Sharma Advocate for R-1

(M: 9958317818).

Mr. Rajesh Sharma, Advocate (M-

9560872227) AND

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W.P.(C) 2603/2017

INDIAN SYNTHETICS RUBBER PRIVATE

LIMITED AND ANR

..... Petitioners

Through: Mr. Rajesh Sharma, Advocate.

versus

CENTRAL PUBLIC INFORMATION OFFICE

AND ORS

..... Respondents

Through:

Mr. Vivekanand Mishra, Senior Panel

Counsel, UOI (M- 9811429926).

Mr. Ankur Sharma, Advocate for R-

2.

CORAM:

JUSTICE PRATHIBA M. SINGH

JUDGMENT

Prathiba M. Singh, J.

1.

These are two writ petitions filed by –

•Union of India, i.e., the Petitioner in W.P.(C) 8381/2016, and;

•M/s Indian Synthetics Rubber Private Ltd. (ISRPL), and

Reliance Industries Pvt. Ltd. Petitioners in W.P.(C) 2603/2017.

Digitally Signed

By:RAHUL

Signing Date:27.03.2023

14:17:15

Signature Not Verified

2023:DHC:2155

2. In the present petitions, challenge is raised to the order of the Central

Information Commission (hereinafter ‘CIC’) dated 29^th July, 2016 passed in

File No. CIOC/KY/A/2016/000980 titled Shri Arvind M. Kapoor v. The

Director & CPIO, Ministry of Commerce & Industry. The CIC, by way of

the impugned order, directed the Directorate General of Anti-Dumping and

Allied Duties to provide the information sought by the RTI Applicant- Mr.

Arvind M. Kapoor.

Factual Background

3. The Petitioners in W.P.(C) 2603/2017 jointly filed an application (for

clarity it is referred to as `Complaint’) before the Designated Authority,

Directorate General of Anti-Dumping and Allied Duties (hereinafter ‘DA’).

The said complaint was filed for initiating investigation qua imports of

Styrine Butadine Rubber (hereinafter ‘SBR’) of 1500 and 1700 series

originating in or exporting from European Union, Korea RP and Thailand.

Pursuant to the said complaint, the DA vide notification No.14/10/2015-

DGAD dated 14^th January, 2016 initiated an anti-dumping investigation.

4. Almost immediately after the investigation was initiated, the RTI

Applicant - Mr. Arvind M. Kapoor filed an application dated 29^th January,

2016 under the Right to Information Act, 2005 (hereinafter ‘RTI Act’)

seeking information qua seven issues in relation to initiation of anti-

dumping investigation concerning imports of SBRfrom European Union,

Korea RP and Thailand. The seven issues in respect of which information

was sought by the RTI Applicant is as under:

Digitally Signed

By:RAHUL

Signing Date:27.03.2023

14:17:15

Signature Not Verified

2023:DHC:2155

Dumping (DGAD); and also provide us a with a photo

copy of the Note Sheet put up for approval by DGAD;

(7) When was it printed and published?”

5. The CPIO, vide reply dated 11^th February, 2016 informed the RTI

Applicant that the notification concerning the initiation of anti-dumping

investigation is available on the website of Department of Commerce. The

reply of the CPIO is as under:

Digitally Signed

By:RAHUL

Signing Date:27.03.2023

14:17:15

Signature Not Verified

2023:DHC:2155

New Delhi-110001.”

6. Thereafter, the CPIO, vide another reply dated 31^st March, 2016

provided the following information to the RTI Applicant:

3. The investigation was initiated on 16.01.2016. Note

sheet being confidential, cannot be provided.

7. Thus, apart from the note sheet which was sought, almost all the

information sought was provided by the CPIO to the RTI Applicant.

Aggrieved by the non-supply of all the information as sought in the RTI

application, the Applicant preferred an appeal dated 11^th April, 2016 to the

First Appellate Authority. The First Appellate Authority (FAA) vide reply

dated 3^rd June, 2016 intimated that the