HIMACHAL FUTURISTIC COMMUNICATION LTD. Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) THIS is an application filed by M/s. Himachal Futuristic Communication Ltd. seeking relevant information for making submission against levy of Anti -Dumping Duty vide Notification No. 24/1/99 -DGAD, dated 3 -11 -99 and Notification dated 14 -6 -2000 issued by the respondent. According to the applicant, the present application is made pursuant to the direction contained in the order passed by the Hon'ble Supreme Court in the case of Sterlite Industries (India) Ltd. v. Designated Authority reported in 2003 (158) E.L.T. 673 (S.C.). While remanding the matter for further consideration by this Tribunal, the Hon'ble Supreme Court has observed that this Tribunal will be at liberty to decide whether any material which has been placed before the Designated Authority is required to be kept confidential.

(2.) ACCORDING to the application the informations sought in the present application are not required to be kept confidential and they are entitled to have access to the same before this Tribunal proceeds with the matter. Before going into the merits of the application we have to examine whether the applicant is entitled to maintain the application. The learned Counsel for the applicant is placing reliance on Para 6 of the order which reads as follows : -

(3.) IT is not shown to us that the applicant was a respondent in the earlier proceedings. Under these circumstances, they cannot get themselves transposed as an appellant and have no right to claim the information sought in this application. We, therefore, dismiss the Misc. Application.