2011 (9) TMI 427 - SC - Customs

Jurisdiction - Designated Authority has passed its preliminary findings under the provisions of Anti-Dumping Laws - SLP filed - Held That - Appeal disposed of as having become infructuous. The Designated Authority now will implement the orders passed by the CESTAT dated 11-8-2011 within the time granted

Summary

Issues:
Appeal against the High Court's order setting aside preliminary findings of the Designated Authority under Anti-Dumping Laws.

Analysis:
The Supreme Court entertained special leave petitions against the High Court's order setting aside the preliminary findings of the Designated Authority. During the pendency of the special leave petitions, the Designated Authority passed its final findings. Subsequently, the parties approached the CESTAT challenging the final findings. The CESTAT allowed the appeal and remanded the matter to the Designated Authority for post-decisional hearing and modifications as necessary. The CESTAT directed that the process be completed within six months and maintained status quo in the meantime.

Further Analysis:
The appellant argued that the civil appeal had become infructuous after the CESTAT's decision. However, the respondents contended that the High Court's view on the preliminary findings of the Designated Authority needed to be reviewed by the Supreme Court. The Supreme Court disagreed with the respondents, stating that all issues could be raised before the Designated Authority itself. The Designated Authority was instructed to implement the CESTAT's orders within the specified time frame, disregarding the High Court's observations.

Conclusion:
The Supreme Court disposed of the appeal as infructuous, emphasizing that the Designated Authority should follow the CESTAT's directions without being influenced by the High Court's previous ruling. The Court clarified that it did not assess the correctness of the CESTAT's orders. Additionally, separate civil appeals were disposed of in line with the decisions made in the main appeal.