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TMI Blog2019 (8) TMI 1702X X X X Extracts X X X X X X X X Extracts X X X X ..... iew of the Tribunal was very clear, nothing prevented the Appellant from filing a Writ Petition before the High Court to challenge the determination by the Designated Authority, if it felt aggrieved. However, the Appellant neither availed the remedy of filing a Writ Petition in the High Court nor did it file an appeal before this Tribunal within the stipulated time. According to the Appellant, it waited for a decision to be given by the Delhi High Court in a Writ Petition filed by Jindal Polyfilm Ltd. [ 2018 (9) TMI 1294 - DELHI HIGH COURT] to challenge the negative determination by the Designated Authority - There was no reason for the Appellant to await the decision of a Writ Petition filed by some other party and that too not against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the period of 90 days expired much earlier than the filing of the appeal on 22 November, 2018, but the appeal was not accompanied by any application for condoning the delay in filing the appeal. The application for condoning the delay in filing the appeal was, in fact, filed before the Tribunal only on 13 August, 2019. 3. It has been stated in the application that since the last date for filing the appeal before the Tribunal was 25 April, 2018, the appeal was filed with a delay of 211 days. The reasons stated in the application to explain the delay are as follows : a. Pursuant to discussion between the constituent of the domestic industry before Respondent No. 1, it was decided to file writ petition before Bombay High Court as no a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 finding the Hon ble CESTAT may not hear the appeal arising out of the same impugned Final Findings. h. The Bombay High Court vide its order dated 02.11.2018 disposed of the writ petition filed by the one of the domestic industries ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ays, as in this case, the Courts will not take a narrow and pedantic view in condoning delay especially where good cause is shown as in this case. 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 issue as to whether a Writ Petition or an appeal can be filed against the negative determination by the Designated Authority was the subject matter of a Writ Petition filed by Jindal Polyfilm Ltd. before the Delhi High Court, which, ultimately, on 20 Sept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 Energy India Company Limited held that an appeal cannot be filed before the Tribunal against a negative determination by the Designated Authority, but in such a situation when the view of the Tribunal was very clear, nothing prevented the Appellant from filing a Writ Petition bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Petition in the Bombay High Court in April, 2018. Likewise, the Appellant could also have filed a Writ Petition in the Delhi High Court. Any decision by the Bombay High Court would not have come to the aid of the Appellant for explaining the delay in filing an Appeal subseq ..... X X X X Extracts X X X X X X X X Extracts X X X X
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