SHENYANG MATSUSHITA STORAGE Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) WHEN this application to condone delay in filing the appeal by M/s. Shenyang Matsushita Storage Battery Co., China came up for hearing, Shri Chander Kohli, represented the appellant -applicant. He made a request for adjournment on the ground that M/s. Strategic Law Group which is shown in the appeal as representing the appellant has not accepted authorisation of the appellant in this case. He placed before us copy of a letter dated 24 -5 -2003 addressed to the appellant by M/s. Strategic Law Group informing the appellant that they are not their authorised representative in the present appeal. It is also mentioned therein that initially they had prepared an appeal against notification dated 2 -1 -2002 and had sent the same to the appellant on 25 -2 -2002 but it was then decided to file an appeal as no duty is imposed against the appellant. A letter addressed to the Tribunal by M/s. Strategic Law Group dated 30 -5 -2003 informing that they are not representing the appellant in the present appeal is also produced before us. We are not inclined to grant adjournment as we find no bona fides in the prayer. We, therefore, proceed to dispose off the application to condone the delay on the basis of materials available on record before us.

(2.) THE Appeals C/198, 203 and 204/2002 -AD filed by M/s. Exide industries Ltd. and two others challenging the Notification No. 1/2002 -Customs, dated 2 -1 -2002 imposing anti -dumping duties on batteries from China, Korea, Japan and Bangladesh were finally heard on 31 -3 -2003 and orders reserved. The appellant herein was a respondent in Appeal No. C/198/2002 -AD and they were represented by M/s. Strategic Law Group. One of the contentious raised in the Appeal No. 198/2002 is that duty should have been imposed on the present appellant also. The present appellants' arguments were also heard as respondent in the above mentioned appeal filed by M/s. Exide Industries Ltd.

(3.) IN this application to condone the delay of 405 days in filing this appeal, reason given for delay is that writ petitions were pending before the Hon'ble Calcutta High Court at the instance of an importer of lead Acid Batteries from Bangladesh which was finally disposed of on 7 -1 -2003, that in the above judgment, according to the appellant herein, an opportunity is granted by the Hon'ble High Court to interested parties to file appeal before this Tribunal and the appellant being an interested party, is seeking to file the present appeal.