9911796707
TMI Blog2020 (2) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... October, 2019. The normal period prescribed for filing the appeal expired on 08 July, 2019. All that has been stated in the application that has been filed for condoning the delay is that, a Writ Petition was filed in the Punjab Haryana High Court against the Notification dated 09 April, 2019 by a related and an unrelated party which Petition was dismissed as withdrawn on 05 September, 2019 - the date of filing of Writ Petition has not been mentioned in the delay condonation application, but even otherwise there is no reason as to why the Appellant could not have filed the appeal during the pendency of the Writ Petition filed by other parties. We are not satisfied with the explanation offered by the Appellant for condoning the delay. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 and 7 of the application give reasons for condoning the delay and they are reproduced below : 6. That notwithstanding the above submissions on merits of the present Appeal, it is submitted that there is a delay of about 90 days in the filing of present Appeal and the delay was caused for the following reasons : (a) Immediately upon the publication of the impugned notification by R-1, looking at the enormity of adverse effects of the lower negligible duty imposed on the Citic Group on the business of Indian producers, a related party of the Appellant namely Minda Kosei Aluminum Wheel Pvt. Ltd. along with another unrelated producer namely Steel Strips Wheels Limited approached Hon ble Punjab and Haryana High Court in Writ Petition N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the interest of justice and in the absence of the same, the Appellant will suffer irreparably. Such an action shall not jeopardize the legitimate interest of any other parties thus the legal balance of convenience fairly lie in favour of the appellant and in condoning the delay. The appellant humbly pray for condonation of the delay that has happened in filing this appeal. 3. A perusal of the averments made in paragraph 6 of the application indicate that since a related party of the Appellant and an unrelated party had filed a Writ Petition bearing No. 13685 of 2019 before the Punjab Haryana High Court feeling aggrieved by the negligible Anti Dumping duty imposed, the Appellant felt it appropriate not to file the appeal so long as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act. The appeal was, however, filed only on 07 October, 2019. The normal period prescribed for filing the appeal expired on 08 July, 2019. All that has been stated in the application that has been filed for condoning the delay is that, a Writ Petition was filed in the Punjab Haryana High Court against the Notification dated 09 April, 2019 by a related and an unrelated party which Petition was dismissed as withdrawn on 05 September, 2019. A perusal of the order indicates that at the time of hearing, the learned Counsel for the Petitioners prayed for permission to withdraw the Petition with liberty to avail the remedy of appeal before the Tribunal. 8. In the first instance, the date of filing of Writ Petition has not been mention ..... X X X X Extracts X X X X X X X X Extracts X X X X
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