BODAL CHEMICALS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners by way of this petition have approached this Court invoking Articles 226 and 227 and Articles 14, 19(1) (g), 265 & 300-A of the Constitution of India with following prayers.

(2.) The facts in brief as could be gathered from the memo of the petition deserve to be set-out as under :-

(3.) Shri Mihir Joshi, learned senior counsel for the petitioners submitted that the respondent no.2 grossly erred in initiating the impugned investigation, as the current investigation is without jurisdiction inasmuch as respondent no.3 does not have the requisite standing to file the application as they fail both the 25% and 50% tests for eligibility as mandated under Rule 5(3) of the Anti-dumping Rules and the respondent no.3 does not account for a major proportion of the total domestic production as envisaged under Rule 2(b) of the Rules. He further submitted that the respondent no.2 has failed to appreciate the fact that the impugned investigations are without jurisdiction, as the respondent no.3 could not have been considered as an eligible domestic industry in terms of Rule 2(b) of the said rules.