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2005 (4) TMI 94

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..... Respondent No. 4 is proforma party so far as these proceedings are concerned. 2.Leave granted. 3.With the consent of the learned counsel for the parties present, the appeals are heard finally. 4.Proceedings for imposition of anti-dumping duty under the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 a .....

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..... ct to the final decision of the writ petition. 5.It is stated at the Bar that realising the urgency of the matter, the High Court has commenced the final hearing which is in progress. However, the same may take a reasonable time, whereafter, on conclusion of the hearing, the High Court would pronounce its judgment. 6.The learned senior counsel for the appellant has submitted that there is a deta .....

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..... he course of hearing, we asked the learned senior counsel for respondent No. 1 as to how it is going to be prejudiced if the findings of the Designated Authority are communicated to the Central Government and published by way of notification. After hearing him, we are not satisfied that any party can be prejudiced, much less irreparably, merely by the communication or publication of the findings o .....

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..... lished by way of notification. The Central Government may take its own decision on such findings in accordance with law. Needless to say, all these steps including the imposition of anti-dumping duty, in the event of the Central Government forming an opinion to do so, would be subject to the result of the writ petition pending in the High Court and the High Court does have power to grant an interi .....

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..... ourt is hearing the petition not piecemeal but in its entirety. We do not consider it necessary to express any opinion on the manner in which the High Court would proceed to hear the case before it. So also we clarify that we should not be understood as having expressed any opinion on the merits of the case before the High Court. 10.The appeals stand allowed subject to above-said observations and .....

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