2018 (6) TMI 1649 - HC - Customs

Sunset Review - extension of Anti-dumping duty - HELD THAT - We are inclined to keep this matter on 15.06.2018. So far as contention of Shri Modh is concerned, we would like to observe that the disposal of the earlier application with similar prayer would be prima-facie is not justified as the Court clearly issued direction in the judgment and the Court did except the authority to do the needful for due compliance of the Court's order in which the Court has observed that the sunset review deserves to be brought to its logical end. Non seeking of extension and permitting the sunset review on lapse of time, in our prima-facie view, amounts to bringing about abrupt end which deserves to be construed in its proper perspective. Put up on 15.06.2018.

Summary

Issues involved:
1. Compliance with court orders regarding sunset review completion.

Analysis:
The judgment by the High Court of Gujarat revolves around the issue of compliance with court orders concerning the completion of a sunset review. The court noted that despite a previous order to complete the sunset review in accordance with the law, the respondent authority did not heed to it. The petitioner's counsel highlighted the urgency as the one-year period for the sunset review was set to expire soon. The court granted additional time for the matter to be addressed, emphasizing the importance of following court directives.

The applicant's counsel pointed out that the sunset review needed to be concluded as per the court's direction, and efforts were made to obtain an extension from the Union of India. However, the respondent authority raised objections, suggesting that a fresh petition should have been filed instead of pursuing the existing matter. The court considered the urgency of the situation, given the impending deadline, and scheduled the matter for further hearing on the deadline day.

In response to the respondent's request for more time to seek instructions, the court decided to keep the matter for the specified deadline. The court expressed dissatisfaction with the non-seeking of an extension, stating that allowing the sunset review to lapse without proper consideration would result in an abrupt end that needed to be viewed in the correct context. The court emphasized the importance of bringing the sunset review to a logical conclusion as per its earlier directives and scheduled the matter for further proceedings on the deadline day.