DEBRAJ DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) There are altogether two writ petitions involved in this issue. The first writ petition is moved challenging the preliminary finding made by the Designated authority under the Ministry of Commerce and Industry (Department of Commerce), Directorate General of anti-dumping and allied duties while the second writ petition is moved challenging the final finding by such authority during the pendency of the first writ petition. Therefore, the cause of action which was available before the writ petition from the preliminary finding now merged with the final finding. Hence the Court has placed both the matters for an analogous hearing.

(2.) Petitioner before this Court is an importer of lead acid batteries from Bangladesh. On the basis of certain complaints, obviously from the domestic industries, a proceeding of anti-dumping and investigation concerning import of lead acid batteries originated or exported from Japan, Korea, China and Bangladesh was initiated. The Designated Authority, amongst others, held as follows: ?G. Deminius volume of import

(3.) The conclusion of such authority in the preliminary finding as also as follows: ?O. Conclusions