Finality of litigation bars a parallel appeal after writ relief is pursued and review proceedings are directed for the same anti-dumping challenge.

An anti-dumping challenge was held to be confined to the statutory review route after the appellants had already invoked writ jurisdiction on the same final findings and were directed to pursue review before the designated authority. The appellate forum applied the principles of finality and bar against repeated litigation, reflecting the underlying approach of Section 11 and Order II of the Code of Civil Procedure. On that basis, a parallel statutory appeal on the same subject matter was treated as not maintainable, and the earlier writ proceedings were taken to have concluded the challenge.

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Issues: Whether the appeal against the anti-dumping final findings was barred because the appellants had already invoked writ jurisdiction on the same challenge and were relegated to the review mechanism under Rule 23.

Analysis: The challenge to the final findings had earlier been carried to the High Court. That court declined to examine the merits at that stage and left the appellants to pursue their grievance before the designated authority in review proceedings. On that basis, the appellate forum held that the appellants had confined their remedy to the review route and could not simultaneously pursue a statutory appeal on the same subject matter. The principles underlying finality of litigation and prevention of repeated attacks on the same dispute were applied, drawing support from the doctrines reflected in Section 11 and Order II of the Code of Civil Procedure.

Conclusion: The appeal was not maintainable and the preliminary objection was upheld.

Final Conclusion: The challenge to the impugned final findings was held to be concluded by the earlier writ proceedings and the appellants were left to seek relief only in the review proceedings before the designated authority.

Ratio Decidendi: A party that has elected to pursue writ relief on a challenge to final findings and has been directed to seek redress in statutory review proceedings cannot thereafter maintain a parallel appeal on the same issue.

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