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TMI Blog2017 (1) TMI 1467X X X X Extracts X X X X X X X X Extracts X X X X ..... ification to be issued consequential to this direction, as well as the orders, shall carry a stipulation that the proceedings would be subject to the final outcome of the present writ petitions - petition allowed. - W.P. (C) Nos. 640-641 of 2017 and CM Nos. 2928-2929 of 2017 - - - Dated:- 23-1-2017 - S. Ravindra Bhat and Najmi Waziri, JJ. Shri Sandeep Sethi, Sr. Advocate with Ms. Reena Khair, Rajesh Sharma and Ms. Rita Jha, Advocates, for the Petitioner. Shri Dev P. Bhardwaj, Advocate with A.K. Chaudhary, Additional DGFT, for the Respondent. ORDER W.P. (C) Nos. 640-641 of 2017 : Issue notice. Mr. Dev P. Bhardwai, Advocate accepts notice on behalf of the respondents. 2. Counter-affidavit etc. shall be filed in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (224) E.L.T. 375 (Del.), which had taken note of various previous decisions as well as provisions of the World Trade Organisation (WTO) Agreement to hold that review under Section 9A(5) read with Rule 23 is a mandatory procedure upon initiation of which the steps required to be undertaken for original assessment in terms of Rules 6 to 12 and 16 to 20 of the Anti-Dumping Duty Rules have to be undertaken. 8. The Revenue/respondents, on the other hand, urged that after the decision in Indian Metal and Ferro Alloys Limited s case (supra). Rules 23(1A) and 23(1B) of the Anti-Dumping Rules were inserted which conferred the Designated Authority with the option and discretion of either proceeding with or refusing the review and SSR, as the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... domestic producers adversely. 10. In the circumstances, following the order in W.P. (C) Nos. 146, 147 and 247 of 2017, dated 11-1-2017, the Court is of the prima facie opinion that the petitioners have shown that there would be irretrievable injustice given the fact that without any order of initiation of anti-dumping review under Rule 23 through the SSR proceedings would be rendered impossible. Consequently, an interim direction is issued to the respondents to, in the course of the day, initiate the SSR in the petitioners cases. The notification to be issued consequential to this direction, as well as the orders, shall carry a stipulation that the proceedings would be subject to the final outcome of the present writ petitions. 11. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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