SUREFACES PLUS Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) CIVIL Application Nos. 96 & 148 of 2002 : The Civil Applications are allowed and the applicants are ordered to be arrayed as respondents in Special Civil Application No. 11935 of 2001. Disposed of accordingly.

(2.) WE have heard Mr. Mihir Thakor, Senior Counsel with Mr. R.S. Sanjanwala for the petitioner, Mr. D.N. Patel, learned Counsel for the Union of India and Mr. P.R. Nanavati, learned Counsel for newly arrayed respondents.

(3.) AFTER examining the relevant provisions of the Rules and in light of the order of the Supreme Court in case of Saurashtra Chemicals v. Union of India, : 2000 (118) E.L.T. 305 (S.C.) in our considered opinion, the present writ petition, which is instituted against the preliminary findings of the Designated Authority submitted to the Central Government, in accordance with Rule 12, is premature. The Central Government has to act on those preliminary findings and issue notification for imposing provisional duty.