9911796707
TMI Blog1996 (10) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... old in domestic market in (Japan) and also exported to other countries, including India. The complaint filed by GAPL alleged, inter alia alleged that the two Japanese concerns have been exporting NBR to India at prices for below `normal value as defined in Explanation (C) to sub-section (1) of Section 9A of the Act, that such export amounted to dumping and that such dumping causes injury to the established industry in India. Designated Authority issued notices to the two Japanese exporters and to the importers in India, the complainant and other interested persons. The exporters, complainant and a few others participated in the proceedings. Finally the Designated Authority passed an order recording findings to the effect that the exporters have sold NBR in India below its `normal value that Indian Industry has suffered material injury, that the injury has been caused by the imports from Japan and that it is necessary to impose a definitive anti-dumping duty on imports of NBR originating from Japan in order to remove the material injury to the domestic industry. Normal value, Export price (FOB) and margin of Dumping were determined as US $ 3677, US $ 1058 and US $ 2619 PMT respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Designated Authority about the need for the continued imposition of Anti-Dumping duty. By Ordinance 14 of 1994, Sections 9, 9A and 9B of the Act have been substituted and Section 9C has been incorporated. The amendments came into force on 1-1-1995. The Ordinance was subsequently replaced by Act No. 6 of 1995 also with effect from 1-1-1995. 5. Section 9C as incorporated by Act No. 6 of 1995 reads thus :- Section 9C. Appeal. - (1) An appeal against the order of determination or review thereof regarding the existence, degree and effect of any subsidy or dumping in relation to import of any article shall lie to the Customs, Excise and Gold (Control) Appellate Tribunal constituted under Section 129 of the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Appellate Tribunal). (2) Every appeal under this section shall be filed within ninety days of the date of order under appeal : Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) The Appellate Tribunal may, after giving the parties to the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of suits valued at over Rs. 21,000.00. The Court held that right of appeal is a substantive right, that the institution of a suit carries with it the implication that all rights of appeal then in force are preserved to the parties thereto till the rest of the career of the suit, such a right is to be governed by the law prevailing at the date of institution of the suit and not by the law that prevails at the date of its decision or at the date of the filing of the appeal and the vested right can be taken away only by a subsequent enactment, expressly or by necessary implication. This decision is not an authority for the proposition that right of appeal cannot be conferred by legislation enacted subsequent to the institution of the proceedings. 8. In Mrs. Nirmaljit Arora v. M/s. Bharat Steel Tubes Ltd. - AIR 1991 Delhi 160, the High Court of Delhi was required to consider the amendments introduced in the Delhi Rent Control Act, 1958 by amending the Act of 1988. Section 3(c) of the parent Act introduced by amendment took premises whose monthly rent exceeds Rs. 3,500/- out of the jurisdiction of the Rent Controller. The amending Act did not provide any retrospective effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... providing exercise of revision power by Custodian General against orders passed by Custodian or Additional Custodian. It was held that since this provision was in existence on the date of the order, revision would lie. 11. The aforesaid decisions of the Supreme Court would make it clear that in a case like the present one where on the date of passing of the impugned order there was provision for appeal against the impugned order, appeal would lie. The objection regarding maintainability of appeals has to be decided on the language of Section 90 of the Act. Section 90 of the Act declares that an appeal against the order of determination of review thereof regarding the existence, degree and effect of any dumping in relation to import of any article shall lie to the Tribunal. The right vested in the litigant on the date of commencement of the litigation cannot be taken away without an express provision to that effect or without provisions giving rise to such necessary implication; but the same cannot be said of finality of orders. There could not be any vested right in relation to finality of orders of decrees. As the Supreme Court has observed in Indira Sohanlal v. Custodian of Ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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