Challenge to anti-dumping duty final findings for natural justice breach and Article 14 arbitrariness dismissed for lack of territorial jurisdiction

The dominant issue was whether the HC had territorial jurisdiction to entertain a writ challenging the Designated Authority's final findings recommending anti-dumping duty, on grounds of breach of natural justice and arbitrariness under Article 14. Applying SC principles, the HC held it must derive jurisdiction solely from pleaded facts constituting an integral part of the cause of action, i.e., facts essential to establishing the asserted right and its infringement. Alleged adverse impact on business or commercial engagements within the State lacked nexus with the asserted procedural illegality and was not indispensable to the challenge; deleting such pleadings would not affect the claim. Consequently, the HC declined to entertain the writ for want of territorial jurisdiction and dismissed it.

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1. ISSUES PRESENTED AND CONSIDERED

(i) Whether the Court had territorial jurisdiction under Article 226(2) to entertain a writ petition challenging the Designated Authority's Final Findings, on the plea that the petitioner's business within West Bengal would be adversely affected (or was apprehended to be adversely affected) if anti-dumping duty were imposed.

2. ISSUE-WISE DETAILED ANALYSIS

Issue (i): Territorial jurisdiction under Article 226(2) based on alleged/apprehended business impact in West Bengal

Legal framework (as discussed by the Court): The Court applied the settled tests for territorial jurisdiction under Article 226(2): jurisdiction depends on whether the "cause of action, wholly or in part," arises within the territory. For this purpose, only those pleaded facts that constitute a material, essential or integral part of the cause of action and have a nexus with the lis and the relief claimed can confer jurisdiction; facts having no bearing on the dispute do not.

Interpretation and reasoning: The Court identified that the writ challenge was directed against the Final Findings on grounds such as violation of Rule 16 (non-supply of "essential facts"), breach of principles of natural justice, arbitrariness, non-application of mind, and perversity. The only pleaded basis for territorial jurisdiction was that customers in Kolkata allegedly procured the subject goods via a port in West Bengal and that the recommendation, if accepted, would disincentivize such customers, harming the petitioner's business in West Bengal. The Court held that, to obtain the relief sought (recall/rescind of the Final Findings), the petitioner would have to establish facts relating to the alleged procedural illegality and unfairness in the determination process; proving actual or apprehended business impact in West Bengal was not necessary to sustain the challenge. The asserted adverse effect on business was therefore not an integral or essential part of the cause of action for the relief claimed; even removing those pleadings would not affect the survival of the challenge to the Final Findings.

Conclusions: The Court concluded that no part of the cause of action, as legally relevant to the dispute and relief sought, arose within West Bengal. The petitioner's apprehension of business loss within West Bengal did not create territorial jurisdiction. Consequently, the Court held it lacked territorial jurisdiction and dismissed the writ petition on that ground alone, expressly declining to decide other contentions (including alternative remedy and alleged violation of natural justice).

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