2016 (12) TMI 956

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....SCA NO. 16429 of 2016 WITH CA NO. 10514 of 2016 In SCA NO. 16426 of 2016 - -<br>Customs<br>MS.JUSTICE HARSHA DEVANI AND MR.JUSTICE A.S. SUPEHIA MR VISHAL K SEVAK, ADVOCATE FOR THE APPLICANT MR GAURAV S MATHUR, ADVOCATE FOR THE RESPONDENT ORAL (COMMON) ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) (1) RULE. Mr.Devang Vyas, learned Assistant Solicitor General of India, waives serv....

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....indings being challenged by the applicant have been issued by the authority pursuant to an investigation made at the request of the applicant, in which the petitioner had also participated. The attention of the Court was invited to the provisions of subrule (2) of rule 5 of the CEGAT (Countervailing Duty and Antidumping Duty) Procedure Rules, 1996 (hereinafter referred to as "the rules") to point ....

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....Designated Authority, as being violative of principles of natural justice. It was submitted that as to whether or not the principles of natural justice have been complied with is for the Designated Authority to reply and hence, the applicant is neither a necessary nor a proper party in the captioned petitions. (5) This court has considered the submissions advanced by the learned counsel for the....

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....persons under clause (b) thereof is "Representative of the domestic industry on whose application investigation was commenced by the designated authority". In these circumstances, having regard to the fact that in present case, the investigation was commenced on the application of the applicant herein, the applicant can be said to be a necessary party to the captioned petitions. (7) The applica....