MEGHMANI ORGANICS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, who are importers of certain chemicals/intermediaries used for production of Pesticides, have in the present petition, challenged the orders passed by the Designated Authority under the Customs Tariff (Identification, Assessment & Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as, "the said Rules") as also the Notifications issued by the Government deciding to levy Anti-Dumping Duty on import of such products. The petitioners have prayed that the preliminary findings dated 25th May 2009; the consequential Notification No. 73/2009 issued by the Government dated 22nd June 2009 as well as Final Findings dated 6th May 2010 and the consequential Notification issued by the Government on 7th July 2010 be quashed and set aside. The litigation has a chequered history. Facts, in brief, may be noted at the outset.

(2.) In response to the notice issued by us, the respondents have filed detailed replies.

(3.) Learned Sr. counsel Mr. S.N. Soparkar appearing with Shri Paresh Dave vehemently contended that the entire procedure was illegal. The newly appointed Designated Authority was duty bound to give fresh personal hearing to the petitioners and other interested parties; that he could not have relied on the personal hearing granted by the previous Designated Authority. Heavy reliance was placed on Rule 6(6) of the Rules as well as other statutory provisions contained in the said Rules. Reliance was also placed on the decision of the Apex Court in the case of Automotive Tyre Manufacturers Association v. Designated Authority, 2011 2 SCC 258.