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Issues Involved: Complaint regarding delay in decision on imposing antidumping duty by the Union of India.
Summary: The petition was filed by an industry regarding the Union of India's delay in deciding on the imposition of antidumping duty. The designated authority had submitted its final findings to the government under Section 9A of the Customs Tariff Act and Rule 18 of the Customs Tariff (Identification, Assessment and Collection of Antidumping duty on Dumped Article and for Determination of Injury) Rules 1995. The petitioner sought a writ of mandamus directing the Ministry of Finance to accept the designated authority's order and recommendations for imposing antidumping duty. Despite the passage of more than three months, the government had not made a final decision, causing financial loss to the petitioner. On the next hearing date, the Union of India informed the court through an affidavit that it did not find it necessary to impose any antidumping duty. Consequently, the court decided not to delve further into the matter as the prime grievance of the petitioner regarding the delay in decision-making no longer existed. Although the petitioner argued that no formal order was passed by the Union of India and the reasons for not imposing antidumping duty were not communicated, the court held that these issues were not relevant to the present petition. The court disposed of the petition, allowing the petitioner to pursue other legal remedies available. In conclusion, the court acknowledged the Union of India's decision not to impose antidumping duty and closed the case, leaving the petitioner with the option to seek further legal recourse if needed.
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