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TMI Blog2022 (4) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... June, 2021 beyond the next date of hearing i.e, 19th July, 2021, no useful purpose would be served by foreclosing the right of the exporters, i.e. the petitioners herein from filing their responses till 21st July, 2021. The responses filed by the petitioners between 25th June, 2021 and 31st July, 2021 are directed to be taken on record subject to the payment of costs of ₹ 1,00,000/- by each of the petitioners to Armed Forces Battle Casualties Welfare Fund - Petition disposed off. - W.P.(C) 1501/2022, CM APPL. 4285/2022 W.P.(C) 5801/2022, CM APPL. 17360/2022 (stay) W.P.(C) 1609/2022, CM APPLs. 4634/2022 & 4635/2022 W.P.(C) 1610/2022, CM APPLs.4638/2022 & 4639/2022 W.P.(C) 1679/2022, CM APPL.4825/2022 - - - Dated:- 19-4-2022 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MR. JUSTICE DINESH KUMAR SHARMA W.P.(C) 1501/2022, CM APPL. 4285/2022 W.P.(C) 5801/2022, CM APPL. 17360/2022 (stay) W.P.(C) 1609/2022, CM APPLs. 4634/2022 4635/2022 W.P.(C) 1610/2022, CM APPLs.4638/2022 4639/2022 W.P.(C) 1679/2022, CM APPL.4825/2022 W.P.(C) 1680/2022, CM APPL.4827/2022 W.P.(C) 1681/2022, CM APPLs.4829/2022 4830/2022 W.P.(C) 1915/2022, CM APPL.5503/2022 W.P.(C) 1951/2022, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated therein as well as the documents and other materials filed along with the said response before arriving at any finding in the anti-dumping investigation initiated vide Notification dated 15th May, 2021. 2. Mr. Kamal Sawhney, Mr. Gaurav Duggal and Mr. Ashish Singh, learned counsel for the petitioners state that anti-dumping investigation in respect of import of solar cells whether or not assembled into modules/panels originating in or exported from China PR/Thailand and Vietnam were initiated vide notification dated 15th May, 2021 and the petitioners were asked to file their replies to the questionnaires on or before 24th June, 2021. The relevant portion of the Initiation Notification is reproduced hereinbelow:- L. Submission of Information 20. In view of the special circumstances arising out of COVID-19 pandemic, all communication should be sent to the Designated Authority via email at email addresses [email protected], [email protected], [email protected] and [email protected]. It should be ensured that the narrative part of the submission is in searchable PDF/MS Word format and data files are in MS Excel format. M. Time Limit 25. Any information re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short Anti Dumping Rules ). The relevant portion of the said Rule is reproduced hereinbelow: RULE 6. Principles governing investigations. - (1) The designated authority shall, after it has decided to initiate investigation to determine the existence, degree and effect of any alleged dumping of any article, issue a public notice notifying its decision and such public notice shall, inter alia, contain adequate information on the following :- (i) the name of the exporting country or countries and the article involved; (ii) the date of initiation of the investigation; (iii) the basis on which dumping is alleged in the application; (iv) a summary of the factors on which the allegation of injury is based; (v) the address to which representations by interested parties should be directed; and (vi) the time-limits allowed to interested parties for making their views known. xxxx xxxx xxxx xxxx (4) The designated authority may issue a notice calling for any information, in such form as may be specified by it, from the exporters, foreign producers and other interested parties and such information shall be furnished by such persons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ension of time. The respondent s letters dated 24th June, 2021 and 16th December, 2021 are reproduced hereinbelow:- A. Letter dated 24th June, 2021 F.No. 6/56/2020-DGTR Government of India Ministry of Commerce and Industry Department of Commerce (Directorate General of Trade Remedies) 4th Floor, Jeevan Tara Building, Parliament Street, New Delhi-110001 Dated: 24th June, 2021 Subject:- Extension for filing of responses in Anti-Dumping Investigation concerning imports of Solar cells whether or not assembled into modules or panels originating in or exported from China PR, Thailand and Vietnam initiated on 15.05.2021. Reference subject above. The Authority has received requests from several interested parties, who are not petitioners before the Hon ble High Court, drawing attention of the Authority to the order of the Hon ble Delhi High Court in Solar Power Developers Association vs. Union of India (W.P.(C) 5882/2021), dated 04.06.2021. 2. The Authority keeping in view the factual matrix of this original investigation has not deemed it appropriate to extend the last date for filing of responses except for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er states that the first proviso to Rule 17 permits the extension of period of one year only in special circumstances leaving it to the discretion of the Central Government to extend the time limit for a maximum period of six months. He also states that the Rules provide for extension of timeline for acceptance of responses only if sufficient reason is provided for the same which was not the case in the present matters. He emphasises that similarly placed parties had filed their responses to the questionnaires within the time period prescribed. He contends that if extension of time is granted in the present batch of matters it would lead to an unending process and the anti-dumping investigation would never conclude. 12. He lastly states that the reliance of the petitioner on the order passed by the Supreme Court in Re: Cognizance for extension of limitation, Suo Motu Writ Petition (C) No. 3 of 202 0 is misplaced. He states that the Supreme Court in Sagufa Ahmed Ors. Vs. Upper Assam Plywood Products Pvt. Ltd. Ors. (2021) 2 SCC 317 has succinctly outlined that the order extending limitation was intended to benefit the vigilant litigant who were prevented due to the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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