2019 (7) TMI 1064 - HC - Customs

Extension of ADD - Initiation of sunset review - HELD THAT - As the notification in question is expiring on 23.7.2019, no harm is envisaged if it is kept on 19.7.2019, with a specific observation that the authorities shall not overlook the fact that mere passage of time may not render the petition and now the order infructuous in any manner without there being any contest on merits as it is submitted by learned counsel for the other side that as per his information order in question has so far not been challenged in the Supreme Court. Put up on 19.7.2019.

Summary

Issues: Application for seeking direction to extend anti-dumping duty beyond expiry date.

Comprehensive Analysis:
The judgment deals with an application seeking a direction to prevent the order and judgment rendered in a specific case from becoming ineffective due to the expiry of the anti-dumping duty notification on 23rd July 2019. The applicant requested the court to initiate a sunset review and extend the anti-dumping duty on the product in question. The court scheduled a hearing for the matter and the learned Assistant Solicitor General requested time to obtain necessary instructions due to pre-occupation of concerned officers. The court acknowledged the urgency of the situation as the notification was expiring soon and decided to postpone the hearing to 19th July 2019. The court emphasized that the authorities should ensure that the passage of time does not render the petition and the order ineffective without any contest on merits. It was noted that the order had not been challenged in the Supreme Court as per the information provided by the opposing counsel.

This judgment highlights the importance of timely action to prevent legal orders from becoming ineffective due to the expiry of relevant notifications. The court recognized the need for a balance between procedural requirements and the substantive rights of the parties involved. By rescheduling the hearing to accommodate the request for obtaining instructions, the court demonstrated a commitment to ensuring a fair and just resolution in the case. The court's directive to the authorities to consider the implications of the expiry of the notification on the petition underscored the significance of upholding legal processes and preventing any potential injustice due to administrative delays. Overall, the judgment reflects a judicial approach that prioritizes procedural compliance while safeguarding the parties' substantive rights in legal matters involving time-sensitive issues like anti-dumping duties.