9911796707
TMI Blog2013 (10) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... ed praying for extension of period provided by the Tribunal vide its final Order No.AD/A/10/12-Cus dated 06.07.2012. It is seen that while remanding the matter to the Designated Authority for deciding the matter afresh after giving a reasonable opportunity of hearing to all concerns, Tribunal ordered for continuance of the anti dumping duty at the rate applicable on the date preceding issue of Notification No. 70/2010 dated 25.06.2010 on provisional basis for a period of six months from today. It was also directed that the Designated Authority and the Ministry of Finance would conclude the remand proceedings as well as issue of fresh antidumping notification, if required, within a period of six months from the date of passing of the order. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Authority in its application filed for extension of time has referred to the various reasons on account of which the delay occurred at its end and the investigation could not be completed within the time period granted by the Tribunal. Having gone through the said reasons, which we deem fit not to reproduce in the said order, we find that the same are genuine and have occurred on account of various factors beyond the control of the Designated Authority. The Designated Authority has now completed its investigations and has filed a report dated 04.04.2013. In fact, we find that M/s Leather Cloth and Plastics Manufacturers Association has challenged the finding of the Designated Authority by filing a writ petition before the Hon'ble High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a period of three months from the date of such submissions of resolution and in the absence of such communication the resolution of the society to expel a Member shall be effected. The Hon'ble Supreme Court observed that all the sub section of Section 36 of the said Act have to be read as a whole and the sub-section laying down that the approval or disapproval is required to be communicated within a period of three months, he become functus officio after the stipulated period of three months and his powers to accord such approval under sub-section (1) of Section 36 of the Act lapses. As is seen the Hon'ble Supreme Court was dealing with the limitation period provided under the Gujarat Cooperative Societies Act, 1961. Admittedly, when a par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudicator was to pronounce the decision. However, inasmuch as the said rule was not in existence during the relevant period, the Hon'ble Court has held that the same was not applicable. It is again seen that the said decision of the Hon'ble Supreme Court was in the context of the provisions of U.P. Industrial Disputes Act, 1947 and the power of the adjudicator to fix the time limit under Section 6(1) of the said Act. Inasmuch as in the present case the time limit does not stand affixed by the Tribunal in terms of any provisions of law, we hold that the said decision of the Hon'ble Supreme Court is not applicable to the facts of the case. 7. On the other hand, Shri K. Venugopal, Ld. Sr. Advocate has relied upon the Hon'ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e jurisdiction to grant time to do a thing, in the absence of a specific provision to the contrary curtailing, denying or withholding such jurisdiction, the jurisdiction to grant time would inhere in its ambit the jurisdiction to extend time initially fixed by it. The Court also called in the principle of equity that when circumstances are to be taken into account for fixing a length of time within which a certain action is to be taken, the court retains to itself the jurisdiction to re-examine the alteration or modification which may necessitate extension of time. 8. The Court accordingly observed that it is well accepted principle that where a period is fixed by the Court for doing any act, the Court may in its direction from time to tim ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
