ACME SOLAR HOLDING LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Writ Petition (No.13592/2019) was listed on 12.9.2019, when this court was informed that a similar Civil Writ Petition No. 12257/2019 was pending - filed by the present petitioner on the same issue- in which notice was issued and interim order was made on 29.8.2019. In these circumstances, with the consent of the parties, Civil Writ Petition No. 12257/2019 was also directed to be listed today.

(2.) Issue notice in Writ Petition No.13592/2019. Mr. Saraswat accepts notice on behalf of respondents No.1 to 5. Mr. Darpan Bhuyan accepts notice on behalf of respondent no.6-M/s Jupiter Solar Power Ltd. (hereafter referred to as the "domestic industry"). Counsel for the parties were heard on the question of grant of interim relief, which the petitioner seeks which is to clear goods imported without payment of safeguard duty.

(3.) The petitioner challenges a final notification issued on 16.7.2018 by the Director General of Trade Remedies (hereafter referred to as "final findings") recommending the levy of safeguard duty at the rates specified therein. These findings become embodied in notification No.01/2018-Customs (SG) dated 30.7.2018 (hereafter referred to as "impugned notification") which levied safeguard duty at the rates prescribed in regard to the import of solar cells whether or not assembled in modules or panels (hereafter referred to as "the goods").