2018 (3) TMI 780 - AT - Customs

Preliminary objection against investigation itself raised by the domestic industry - All sides agreed that Civil Appeal on this issue filed before the Hon ble Supreme Court No. 5580/2017 of M/s. Outokumpuoy is still pending disposal. We are not able to proceed with the above appeals - appeal disposed off.

Summary

Issues involved:
1. Preliminary objection against investigation raised by the domestic industry.
2. Appeal filed by M/s. Maruti Suzuki India Ltd. against the dispute.
3. Pending Civil Appeal before the Hon’ble Supreme Court filed by M/s. Outokumpuoyj.
4. Disposal of appeals and miscellaneous applications with liberty to appellants.

Analysis:

Issue 1: Preliminary objection against investigation
The respondent, M/s. Maruti Suzuki India Ltd., raised a preliminary objection against the investigation initiated by the domestic industry, M/s. Jindal Stainless Ltd. The objection was pointed out by Shri Vijay Nair, Advocate, during the proceedings. It was highlighted that a writ petition was filed by M/s. Jindal Stainless Ltd. and another party before the Hon’ble Delhi High Court challenging the investigation.

Issue 2: Appeal by M/s. Maruti Suzuki India Ltd.
M/s. Maruti Suzuki India Ltd. had previously filed an appeal (No. 51704/2017) related to the same dispute. The Tribunal had disposed of this appeal in Final Order No. 58242/2017. During the proceedings, it was noted that the case was linked with two other proceedings, one with the Hon’ble Supreme Court and another with the Hon’ble Delhi High Court. The Tribunal granted liberty to the appellants to return after the final verdict from the Hon’ble Supreme Court.

Issue 3: Pending Civil Appeal before the Hon’ble Supreme Court
The Civil Appeal (No. 5580/2017) filed by M/s. Outokumpuoyj before the Hon’ble Supreme Court was still pending disposal. All parties involved agreed that no decision could be taken until the final verdict from the Supreme Court was received. Consequently, the Tribunal disposed of all appeals and miscellaneous applications, allowing the appellants to return after the Supreme Court's final verdict.

Issue 4: Disposal of appeals with liberty to appellants
Considering the pending Civil Appeal before the Hon’ble Supreme Court, the Tribunal was unable to proceed with the appeals at hand. Therefore, following the earlier order, all appeals were disposed of along with the miscellaneous applications. The appellants were granted liberty to revisit the Tribunal after obtaining the final verdict from the Hon’ble Supreme Court within the prescribed time, if necessary.

This comprehensive analysis of the judgment highlights the key issues addressed by the Appellate Tribunal CESTAT NEW DELHI and the decisions made in light of the pending legal proceedings before higher courts.