2017 (8) TMI 814 - SCH - Customs

Special Leave Petitions Disposed as Duty Notifications Rendered Them Academic

The Supreme Court held that the Special Leave Petitions became academic following the publication of final duty notifications under the Anti-Dumping Rules ... Interpretation of statute - meaning of the term ‘domestic industry’ - Rule 2(b) of the Anti-Dumping Rules - the decision in the case of NIRMA LIMITED Versus SAINT GOBAIN GLASS INDIA LTD. [2012 (10) TMI 832 - MADRAS HIGH COURT] contested - Held that: - we do not consider it necessary to go into the issue(s) arising in the present Special Leave Petitions, namely, the precise meaning of the term ‘domestic industry’ in Rule 2(b) of the Anti-Dumping Rules which issue is left open for adjudication in an appropriate case - SLP disposed off being not maintainable. The Supreme Court's judgment in 2017 (8) TMI 814 - SC Order by Mr. Ranjan Gogoi and Mr. Navin Sinha, JJ. stated that the issues in the Special Leave Petitions became academic due to the publication of final duty notifications under the Anti-Dumping Rules in 2012. The court did not address the issue of the term 'domestic industry' in Rule 2(b) of the Anti-Dumping Rules, leaving it open for future adjudication. All Special Leave Petitions and pending applications were disposed of with these observations.