BODAL CHEMICALS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Mihir Joshi, learned Senior Advocate with Mr Paritosh Gupta with Mr Jitendra Sinh, learned advocates for the petitioner. The counsel for the petitioner has invited the court's attention to the provisions of the Rules, namely, Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 with special emphasis to Rule 2(b) and 5(3) of the said Rules and their objections to the investigation at the behest of the domestic industries. The counsel also invited the court's attention to page no.76 and 77 of the petition memo and submitted that two supporters who have been said to be supporting the imposition of anti dumping duty have in unequivocal terms indicated that they do not support the same. These factors could deal a serious blow to the very initiation of the investigation as the same becomes without jurisdiction and it requires to be thwarted as prayed for in this petition under Article 226 of the Constitution of India.

(2.) At this stage, Shri S.N. Soparkar, learned Senior Advocate for Shri Kuntal Parikh, learned advocate submitted that he has received instructions from Himadri Chemicals & Industries Limited at whose behest the entire exercise is undertaken for investigation and they propose to file a formal application for joining party and submitted that the matter be posted on 24th July 2017. He further submitted that in case if the Court is not inclined to post this matter on 24th July 2017, then the matter may be posted tomorrow. He submitted that the anxiety qua issuance of disclosure statement is not justified as the same would not change the entire issue in any manner.

(3.) We, in fact, called upon Shri Devang Vyas, learned Assistant Solicitor General of India to inquire into and receive the instructions as he had been given copy. He urged the court to adjourn the matter and grant sometime for obtaining the specific instructions in this behalf. We are inclined to adjourn the matter to 20th July 2017 so that appropriate instructions will be received by all concerned qua any likelihood of taking any precipitative action in respect of the investigation which is subject matter of challenge in the petition.