DCW LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Saurabh Soparkar, learned Senior Advocate, Shri Mihir Joshi, learned Senior Advocate, assisted by Mr Gaurav Mathur, learned advocate for the petitioners and Mr S.V. Raju, learned Senior Advocate, assisted by Mr Vishal Sevak, learned advocate for the respondent no.6 and Shri Balbir Singh, learned Senior Advocate, assisted by Mr Devnath Somnath Shukla, Mr Hardik Modh, for respondent no.7.

(2.) In this group of petitions there is a common challenge to the final finding dated 22.07.2017 whereby the respondent no.2 has recommended to the Govt. of India withdrawal of the anti-dumping duty as a result of an exercise undertaken under Mid Term review hereinafter referred to as the MTR for the sake of brevity. This challenge is common in all the petitions whereas in two petitions, there is an additional challenge to the order passed by the respondent no.2 on 22.07.2017 where under the respondent no.2 rescinded and annulled the sunset review on the ground that the sunset review was initiated during pendency of MTR and as the MTR recommendation is available the sunset review is required to be annulled. In SCA No.14202 and 14204 of 2017, the challenge is to the final finding dated 22.07.2017 as well to the order of annulment of sunset review dated 22.07.2017, whereas in SCA No.14203, 14205, 14206 and 14207 of 2017 the challenge is confined to the final finding rendered on 22.07.2017. The product called Soda Ash is common in all these petitions for which the anti-dumping duty was imposed. However, these petitions could be further regrouped into two sub-groups not only on account of challenge to the order of annulment of SSR but also on account of the fact that the anti-dumping duty so far as the SCA no.14202 and 14204 is concerned was imposed upon the soda ash imported from the countries from Peoples Republic of China, European Union, Kenya, Pakistan, Iran, Ukraine and USA on which the anti dumping duty was imposed on 03.07.2012 for the period of 5 years, whereas in the rest of the petitions the anti dumping duty on soda ash was imposed from the country like Turkey and Russia and the date of imposition happens to be 18.04.2013. Apart therefrom, there appears to be no further difference or distinction and hence all the matters were heard together and are disposed of by this common order and judgment.

(3.) The facts in brief, as could be gathered from the memo of Special Civil Application No.14204 of 2017 deserve to be set out as under: