September 15, 2011 Arc Distribution Tableware Pvt. Ltd. & Anr. ....Petitioners Through Mr. Sai Krishna with Ms. Diva Arora, Advocates. v. Designated Authority, Directorate of Anti Dumping and Allied Duties & Ors. ..Respondents Through Mr. Rajesh Katyal fo

Delhi High Court · 15 Sep 2011 · 2011:DHC:4732-DB

HON’BLE THE CHIEF JUSTICE; HON'BLE MR. JUSTICE SANJIV KHANNA; Designated Authority. The said notification has not been made subject matter of challenge in the present writ proceedings. It is admitted before us that now the matter is pending before the

WP(C) No. 5849/2011

2011:DHC:4732-DB

administrative petition_dismissed

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The Delhi High Court dismissed a premature writ petition challenging anti-dumping proceedings, directing the petitioners to exhaust statutory remedies before the competent authority and Tribunal.

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WPC 6710/2011
HIGH COURT OF DELHI
Writ Petition (Civil) No. 6710/2011
Date of Decision: September 15, 2011 Arc Distribution Tableware Pvt. Ltd. & Anr. ....Petitioners
Through Mr. Sai Krishna with Ms. Diva Arora, Advocates.

VERSUS

Designated Authority, Directorate of Anti
Dumping and Allied Duties & Ors. …..Respondents
Through Mr. Rajesh Katyal for respondents 1&2.
Mr. Sandeep Sethi, Sr. Advocate with Mr. Rajesh Sharma for resp. 3.

CORAM:

HON’BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
We have heard Mr. Sai Krishna, Advocate for the petitioner and Mr. Sandeep Sethi, Sr. Advocate with Mr. Rajesh Sharma, Advocate for respondent No. 3 and Mr. Rajesh Katyal for respondent No. 1. Mr. Sandeep Sethi has placed before us the final findings/notification dated 25th August, 2011 issued by the
Designated Authority. The said notification has not been made subject matter of challenge in the present writ proceedings. It is admitted before us that now the matter is pending before the
2011:DHC:4732-DB competent authority, Union of India and after decision is taken, the order can be challenged before the Tribunal.

ORDER

2. Mr. Sandeep Sethi also drawn our attention to order dated 8th September, 2011 passed in WP(C) No. 5849/2011, Kodak (China PR) Graphic Communications Co. Ltd and Anr. Vs. The Designated Authority and Anr., wherein we had passed the following order:

“3. In pursuance of the aforesaid order, Mr. Sachin Datta, learned Standing Counsel for the Union of India after obtaining instructions from Mr. Satyen Sarda, Director (Anti-Dumping) submitted the representation made before the designated authority by the petitioner with regard to his two disclosure statements shall be considered at the time of recording the final findings. 4. In view of the aforesaid, as advised at present, we are not inclined to interfere with the impugned order. Liberty is granted to the petitioners to challenge the said findings, if so advised, in accordance with law. We may hasten to clarify that we have not expressed any opinion whether the said findings can be assailed or not. No order as to costs.”

3. Keeping in view the aforesaid position, at this stage we are not inclined to entertain the present writ petition and leave it open to the petitioner to make a written representation to the Central Government. Liberty is also granted to the petitioner to challenge any order which may be passed, if so advised, in accordance with law.

4. The writ petition is disposed of. We clarify that no opinion is expressed on the findings recorded by the Designated Authority. There will be no order as to costs.

SANJIV KHANNA, J.

September 15, 2011 Arc Distribution Tableware Pvt. Ltd. & Anr. ....Petitioners Through Mr. Sai Krishna with Ms. Diva Arora, Advocates. v. Designated Authority, Directorate of Anti Dumping and Allied Duties & Ors. ..Respondents Through Mr. Rajesh Katyal fo

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ORDER

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