ALEMBIC LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for issuance of a writ or order in the nature of mandamus directing the Ministry of Finance to accept the recommendations of the Designated Authority issued vide notification dated 20-1-2011, as also to accept the recommendations of the Ministry of Chemicals and Fertilizers and consequently, to issue a notification imposing Anti-dumping duty on the imports of certain goods. Briefly stated facts are as under:

(2.) In essence, grievance of the petitioner is that despite clear findings by the DA and recommendations for imposition of Anti-dumping duty, Central Government has refused to impose such duty without proper reasons. It is also the case of the petitioner that the Ministry of Chemicals and Fertilizers whose opinion was sought by the Ministry of Finance had also made a strong recommendation for imposition of Anti-dumping duty. Ministry of Chemicals and Fertilizers had outlined its reasons for such recommendations. The Union of India acting through the Ministry of Finance, disregarding the findings and recommendations of DA and also recommendations of Ministry of Fertilizers and Chemicals, without any valid basis refused to impose Anti-dumping duty. This in short is the controversy arising in this petition.

(3.) We may note that the DA in its final findings had come to the following important conclusions: