Court permits intervention by Saint-Gobain India & Hindustan Unilever in Anti-dumping Rules challenge.

The court allowed the applications for intervention, permitting Saint-Gobain India Private Limited and Hindustan Unilever Ltd. to be joined as respondents in the writ petitions challenging the final findings of the Designated Authority under the Anti-dumping Rules, 1995. The court considered the applicants as necessary parties due to their involvement in the investigation and adjudication process, highlighting their submissions and integral role in the proceedings. The court made the rules absolute in each application, with no order as to costs, and directed the necessary amendments to the cause title of each writ petition for compliance.

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Issues:
Application for intervention in writ petitions challenging final findings of Designated Authority under Anti-dumping Rules, 1995.

Analysis:
The applicants sought permission to intervene or be impleaded as respondents in writ petitions challenging the final findings of the Designated Authority under the Anti-dumping Rules, 1995. The applicants claimed to be interested parties as per Section 2(c) of the CEGAT Procedure Rules, 1996, stating their involvement in the investigation and adjudication before the Designated Authority. On the other hand, the original petitioners contended that the petitions not only challenged the final findings but also the procedure followed by the Designated Authority, alleging violation of natural justice principles. They argued that the Designated Authority should address the compliance with natural justice principles, making the applicants unnecessary parties in the petitions.

The court examined the submissions from both sides and reviewed the facts presented. It noted that the subject matter of challenge in the petitions pertained to the final findings of the Designated Authority under Rule 17 of the Anti-dumping Rules, 1995. The court highlighted that the Central Government could issue a notification based on these findings, allowing appeals to the Customs, Excise and Service Tax Appellate Tribunal. Rule 5 of the Rules specified the procedure for filing appeals and joining respondents, including interested persons who had submitted representations during the investigation. Considering that the applicants had submitted representations and were integral to the investigation, the court deemed them necessary parties to the petitions.

Consequently, the court allowed the applications, permitting Saint-Gobain India Private Limited and Hindustan Unilever Ltd. to be joined as respondents in the respective writ petitions. The court made the rules absolute in each application, with no order as to costs. It directed the cause title of each writ petition to be amended accordingly and instructed the registry to place a copy of the order in each matter for compliance.

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