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TMI Blog2018 (2) TMI 338X X X X Extracts X X X X X X X X Extracts X X X X ..... petitions in terms of the liberty already granted by the CESTAT - petition dismissed. - W.P. (C) Nos. 2309, 2313, 3726 & 3764 of 2015 and C.M. Nos. 6651 & 6716 of 2015 (for stay) - - - Dated:- 16-8-2017 - S. Muralidhar and Prathiba M. Singh, JJ. Shri Balbir Singh, Sr. Advocate, Abhishek Baghel, Atul Sharma and Darpan Bhuyam, Advocates, for the Petitioner. Shri Arun Bhardwaj and Kirtiman Singh, CGSCs, Sanjeev Narula, Sr. Standing Counsel, Abhishek Ghai, Jitendra Singh, Vaibhav Sharma, Prateek Dhanda and Waize Ali Noor, Advocates, for the Respondent. ORDER W.P. (C) No. 2309/2015 and W.P. (C) No. 2313/2015 challenge the Final Findings dated 11th January, 2015 of the Designated Authority ( DA ) in the anti-dumping investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncerning challenge to the Final Findings of the DA and consequential imposition of ADD under the CTA, the Petitioners should exhaust the statutory remedy available to them by approaching the CESTAT first. Illustratively, reference be made to the orders dated 16th May, 2017 in W.P. (C) No. 2632/2017 (Hindustan Lever Ltd. v. Union of India), Alcatel-Lucent India Ltd. v. Designated Authority, 2016 (338) E.L.T. 397 (Del); PTA Users Association v. Union of India, 2016 (340) E.L.T. 125 (Del); Balaji Action Buildwell v. Union of India, 2016 (337) E.L.T. 166 (Del) and recently the order dated 24th July, 2017 in W.P. (C) No. 6267/2017 (M/s. Suncity Sheets Pvt. Ltd. v. The Designated Authority) 5. Mr. Balbir Singh, learned Senior Counsel appearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt regarding violation of principle of natural justice cannot be urged by it before the CESTAT. It is certainly within the scope of the proceedings before the CESTAT challenging the Final Findings as well as the consequential notification. 8. Consequently, consistent with the decisions mentioned hereinbefore, the Court declines to entertain these writ petitions while reserving the liberty of the Petitioners to approach the CESTAT with fresh petitions in terms of the liberty already granted by the CESTAT. Given the lapse of time, it would be open to the Petitioners to request CESTAT for an expeditious disposal of the matter. 9. The petitions and pending applications are disposed of in the above terms. - - TaxTMI - TMITax - Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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