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TMI Blog2019 (8) TMI 1689X X X X Extracts X X X X X X X X Extracts X X X X ..... . Tanay Bhushan & Ms. Nandita Chauhan, Advocates for Respondent No. 18 & 28 Shri Arpit Bhargava, CA & Ms. Radhika Sharma, Advocate for Respondent No. 15,21,23,25 & 33 Ms. Reena Khair and Ms. Rita Jha, Advocates for Respondent Nos. 39 & 40 ORDER Alok Industries Limited [the Appellant] filed the appeal in the Registry on 05 December, 2018 to assail the Final Findings dated 25 January, 2018 of the Designated Authority. 2. The appeal has to be filed before the Tribunal within ninety days of the date of order under appeal as provided for in Section 9C of the Customs Tariff Act, 1975 [the Act]. The period of 90 days expired much earlier than the filing of the appeal on 05 December, 2018. The Appeal was accompanied by an application for condo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esignated Authority wherein has held that statutory appeal under Section 9C of the Customs and Tariff Act is maintainable against the Designated Authority's recommendation not to impose anti-dumping duty/negative recommendation. g. Thereafter, appellant again approached the legal counsel in first week of October, 2018, the appellant was told that Hon'ble Delhi High Court has already held that appeal is maintainable against negative recommendation. But again the legal counsel advised the applicant to await the decision of the Hon'ble Bombay High Court in the pending writ petition filed by the constituent of the domestic industry against the impugned final finding. Since the writ petition is already pending against the impugned final findin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting the appeal on 17.11.2018. j. Thereafter the first draft of appeal was received on 26.11.2018. k. The applicant checked the factual aspect of the appeal on 30.11.2018 and requested the concerned counsel for finalization and filing of the appeal. l. The Final draft of Appeal was sent on 01.12.2018 to the applicant. The applicant confirmed the same on 01.12.2018 and requested to file the same." 4. The learned Counsel for the Applicant/Appellant submitted that earlier, in view of the decision of this Tribunal in M/s Panasonic Energy India Company Limited & Others vs Union of India [2017 (357) ELT 110] , the Appellant was under the impression that no appeal would lie against the negative determination by the Designated Authority. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. The learned Counsel appearing for the Respondents have objected to the application and submitted that the delay in filing the appeal is not bonafide as the Appellant deliberately kept quiet for a substantial period of time and it is only when the Bombay High Court granted liberty to the Petitioner therein, M/s Bombay Dyeing & Mfg. Co., to file an appeal before the Tribunal within three weeks, that the Appellant woke up and filed this appeal in the Tribunal. It has, therefore, been submitted that the application should be rejected. 6. We have given our thoughtful consideration to the submissions advanced by the learned Counsel for the Appellant and the learned Counsel for the Respondents. 7. It is true that this Tribunal in Panasonic En ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etermination by the Designated Authority, it could have also filed a Writ petition before appropriate High Court. 8. It is also sought to be contended that one of the constituent domestic industry, feeling aggrieved by the negative determination by the Designated Authority, filed a Writ Petition in the Bombay High Court directly without availing the remedy of filing an appeal before the Tribunal and it is only when the Bombay High Court permitted the said Petitioner to file an appeal before the Tribunal, in view of the decision of the Delhi High Court in Jindal Polyfilm Ltd., that the Appellant filed this appeal. 9. This contention of the learned Counsel for the Appellant cannot also be accepted. Bombay Dyeing & Mfg. Co. had filed a Writ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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