MAHAVIR MIRROR INDUSTRIES Vs. DESIGNATED AUTHORITY DIRECTOR GENERAL OF ANTI DUMPING AND ALLIED DUTIES MINISTRY OF COMMERCE AND INDUSTRY GOVERNMENT OF INDIA NEW DELHI

JUDGEMENT

(1.) THOUGH the matter was listed for considering the petition filed by the second respondent (interim order of stay) by consent of the learned counsel for the parties, the writ petition, itself was heard on merit, along with the other two writ petitions raising similar questions where the very same learned counsels are appearing for the writ petitioners and the respondents.

(2.) IN all these writ petitions, the prayer has been made for quashing the preliminary findings dated 20. 11. 2002 under the proceedings No. 14/19/2002-DGAD. It has been further prayed that Rule 7 of the Customs Tariff (Identification, assessment and Collection of Anti-Dumping Duty on Dumped Articles and for determination of INjury) Rules, 1995 (hereinafter referred to as "the rules") as illegal and unconstitutional.

(3.) THE validity of Rules 7 has been challenged herein on the ground that the said Rule does not furnish any guideline and gives an absolute discretion to the Designated Authority to withhold furnishing of any information on the alleged ground of confidentiality claimed by the complainant. It has been submitted that while inviting the exporters and importers to respond to the particulars furnished by the complainant, many of the columns have been left blank by applying the principles of confidentiality.