2017 (2) TMI 924

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.... 3017 of 2017 [Arising out of Special Leave Petition (Civil) No.14099/2015], [Arising out of Special Leave Petition (Civil) No.14524/2015] - -<br>Customs<br>Ranjan Gogoi And Ashok Bhushan, JJ. For Parties: Mr. Yashank Adhyaru, Sr. Adv. Ms. Rashmi Malhotra, Adv. Mr. Rajiv Nanda, Adv. Mr. R. Balasubramanian, Adv. Mr. G.S. Makker, Adv. Mr. B. Krishna Prasad, Adv. Mr. Basava Prabhu S. Patil, Sr. Ad....

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....red to as "the Rules"). 5. Civil Appeal arising out of Special Leave Petition (Civil) No.14099 of 2015 has been filed by the Designated Authority whereas Civil Appeal arising out of Special Leave Petition (Civil) No.14524 of 2015 has been filed by the domestic industry. 6. We have perused the disclosure statement dated 5th December, 2014 issued by the Designated Authority under Rule 16 of th....

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....f the Designated Authority can be subject to challenge under Article 226 of the Constitution of India, we are of the view that in the facts of the present case the High Court was not justified in exercising its writ jurisdiction and in setting aside the final findings of the Designated Authority. Rather, according to us, the High Court should have asked the writ petitioner before it to await the i....

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....t appeals without the leave of the Court we are not inclined to go into the legality or even the propriety of the said exercise on the said ground inasmuch as the respondent - M/s Sandisk International Ltd. itself, admittedly, has not approached this Court for interference with the said notification or for orders seeking a restraint on its operation. Neither has any importer, on whom the levy is i....