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2017 (2) TMI 924

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..... her aggrieved parties should be left with the option of challenging the final notification dated 22nd May, 2015 before the appellate authority by means of an appeal u/s 9C of the Customs Tariff Act, 1975. If such an appeal is filed we would request the Appellate Tribunal to consider and dispose of the same as expeditiously as possible - petition disposed off. - Special Leave To Appeal (C) No (S). 14099/2015, SLP(C) No. 14524/2015, Civil Appeal No.3016-3017 of 2017 [Arising out of Special Leave Petition (Civil) No.14099/2015], [Arising out of Special Leave Petition (Civil) No.14524/2015] - - - Dated:- 16-2-2017 - Ranjan Gogoi And Ashok Bhushan, JJ. For Parties: Mr. Yashank Adhyaru, Sr. Adv. Ms. Rashmi Malhotra, Adv. Mr. Rajiv Nanda, .....

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..... used the exhaustive final findings dated 19th December, 2014 of the Designated Authority. 7. From a perusal of the aforesaid materials on record we find that there are seriously disputed questions with regard to the locus of the respondent - M/s Sandisk International Ltd. to file the writ petition before the Delhi High Court and also as to whether the information sought for by the said respondent was actually furnished to it by the Designated Authority in the above communications and orders. Though we would not deem it appropriate to lay down any inflexible proposition of law that in no case the final findings of the Designated Authority can be subject to challenge under Article 226 of the Constitution of India, we are of the view that i .....

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..... seek intervention in the present proceedings to challenge the notification in question. 9. In the aforesaid circumstances, we are of the view that the respondent - M/s Sandisk International Ltd., subject to its locus, and all other aggrieved parties should be left with the option of challenging the final notification dated 22nd May, 2015 before the appellate authority by means of an appeal under Section 9C of the Customs Tariff Act, 1975. If such an appeal is filed we would request the Appellate Tribunal to consider and dispose of the same as expeditiously as possible. The order of the High Court is set aside and the appeals consequently are allowed. We make it clear that we have expressed no opinion on the merits of the case and it is .....

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