2019 (5) TMI 703 - HC - Customs

Extension of the Anti-Dumping Notification dated 10.4.2019 - extension sought so that both the sides may have sufficient time to conduct the matter and have appropriate recourse after the hearing - HELD THAT - At the request of counsel for the petitioner as well as respondent, matter is adjourned to 11.06.2019. It is specifically observed that matter be proceeded with on 11.06.2019. so that matter be disposed of on that day or at-least within one week thereafter, if the hearing is lasting long and in that view of the matter, this Court deems it fit to direct the authority to extend the Anti-Dumping Notification for further period of 45 days from 09.05.2019, so that both the sides may have sufficient time to make submissions. Matter is adjourned to 11.06.2019.

Summary

Issues:
1. Extension of Anti-Dumping Notification dated 10.4.2019.
2. Adjournment of the matter for final disposal.
3. Direction to extend the Anti-Dumping Notification for a further period.
4. Ensuring sufficient time for both sides to make submissions.

Analysis:
1. The matter was brought for final hearing, and due to time constraints, both parties requested an adjournment for final disposal on a later date. The petitioner's counsel highlighted the imminent expiry of the Anti-Dumping Notification dated 10.4.2019, set to expire on 9.5.2019. The Court had previously directed the authorities to extend the notification for an additional 45 days to ensure ample time for proceedings and remedies post-judgment, safeguarding the interests of both parties and upholding justice.

2. Considering the urgency and the need for sufficient time for proceedings, at the joint request of both petitioner and respondent, the matter was adjourned to 11.06.2019. The Court specifically directed that the proceedings should continue on that date and aimed for disposal on the same day or within a week thereafter if the hearing prolongs. Furthermore, the Court deemed it appropriate to instruct the authority to extend the Anti-Dumping Notification for an additional 45 days from 09.05.2019, ensuring both sides have the necessary time for submissions and further actions post-judgment. It was emphasized that the original one-year period for Anti-Dumping Duty extends until 08.10.2019, hence the extension would not prejudice any party involved.

3. The Court's decision to adjourn the matter to 11.06.2019 was crucial to ensure a fair and thorough hearing, with the aim of disposing of the case promptly. By directing the extension of the Anti-Dumping Notification, the Court sought to prevent any party from being disadvantaged due to time constraints and to uphold the principles of natural justice. This proactive approach by the Court demonstrates a commitment to providing a balanced and just resolution while maintaining the integrity of the legal process.

4. The adjournment and extension of the Anti-Dumping Notification granted by the Court reflect a judicious consideration of the circumstances to facilitate a comprehensive hearing and subsequent actions by both parties. The Court's emphasis on ensuring sufficient time for submissions and post-judgment remedies underscores the importance of procedural fairness and equitable treatment of all parties involved. This decision highlights the Court's commitment to upholding the rule of law and safeguarding the interests of justice in the adjudication of legal matters.