2019 (6) TMI 1232 - HC - Customs

Expiry of Notification extending Anti-dumping Duty - HELD THAT - We find substance in this matter as the arguments have been continuously going on and concluded only today. Besides, there is a request from respondent side to permit respondent no.1 to place on record the written submission. We have granted permission to respondent no.2 also to place written submission on record by 21st June 2019. In that view of the matter, casting an order and judgment may take some time therefore, it is observed that the respondent nos.1, 3 4 shall extend the anti dumping duty notification in respect of product in question at least till 9th July 2019 before the existing notification comes to an end. Put up on 21 st June 2019.

Summary

Issues: Extension of anti-dumping duty notification

Analysis:
The High Court of Gujarat, comprising Mr. S.R. Brahmbhatt and Mr. A. P. Thaker, JJ., heard the submissions from both the petitioners and respondents regarding the extension of the anti-dumping duty notification. The counsel for the respondent no.2 requested to submit written submissions on behalf of respondent nos.1 and 2, which was allowed by the Court. The petitioner's counsel highlighted the imminent expiration of the anti-dumping duty notification on 24th June 2019, emphasizing that allowing it to lapse might render the ongoing proceedings ineffective, citing a precedent from the Supreme Court. Acknowledging the prolonged arguments and the pending written submissions, the Court found merit in the petitioner's request to ensure the proceedings' continuity until a judgment is pronounced. Consequently, the Court directed respondent nos.1, 3, and 4 to extend the anti-dumping duty notification for the relevant product until at least 9th July 2019, beyond the current expiration date. The Court scheduled the next hearing for 21st June 2019 and permitted direct service of the order.

This judgment primarily revolves around the necessity to extend the anti-dumping duty notification to prevent the ongoing legal proceedings from becoming futile due to its expiration. The Court considered the arguments presented by both sides, the pending written submissions, and the need for continuity in the proceedings until a final judgment is delivered. By directing the concerned respondents to extend the notification until 9th July 2019, the Court aimed to maintain the status quo and ensure that the legal process remains effective and relevant. The decision reflects the Court's proactive approach in safeguarding the integrity and purpose of the legal proceedings, emphasizing the importance of addressing potential disruptions caused by the expiration of regulatory notifications.