TaxTMI 
TaxTMI 
2019 (6) TMI 491
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....ation No. 19/2019-Customs (ADD) dated April 16, 2014; 9(B) Pending hearing and disposal of Special Civil Application 5278/2019, this Hon'ble Court be pleased to stay the effect and implementation of Notification No.19/2019Customs (ADD) dated April 16, 2014; 9(C) Ex parte ad interim relief in terms of para 9 (B) above;" 3. The peculiar facts for making this application and seeking prayer would indicate that the applicants-original petitioners have taken out Special Civil Application No.5278 of 2019, inter alia, challenging the final finding No.07/16/2018-DGAD dated 29/01/2019 and the disclosure statement dated 15/01/2019 issued by respondent no.2 and placed at Annexure-G and Annexure-H to the main petition. ....
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.... 8. The date of March was fixed bearing in mind the fact that anti-dumping duty was extended till 26/04/2019. The Court also observed in the order of 13/03/2019 that the Court issued notice for final disposal and reply if any was expected to be filed by the returnable date. The Court had to pass the order on 11/04/2019 which reads as under: "Leave to amend. On 13.03.2019, this Court passed the following order: Notice for final disposal, returnable on 27th March, 2019. Learned counsel for the petitioner has invited our attention to the discloser statement and laid emphasis upon page No.206 and 207 to indicate that the columns which have been left blank or extract marks are provided, ordinarily....
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....entire matter may be rendered infructuous. In that view of the matter, we are of the view that in case if the matter is not conducted on 22.04.2019, the appropriate orders, including directing the authority to extend the anti dumping duty at least for one month period may be considered, to be issued. S.O. to 22.04.2019. " 9. On 24/04/2019, the Court passed following order: "1.Ms. Vyas, learned counsel for the petitioner mentioned this matter in the morning indicating that the matter was listed on 22.4.2019 and the same was requested for posting on the next day i.e. today. Inadvertently instead of 24.4.2019 it was posted on 25.4.2019 and as there is an urgency the matter is requested to be taken up today with the intimat....
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....d expire on 26.4.2019. The matter thereafter was required to be adjourned at the instance of respondent as could be seen from the order of 11.4.2019 wherein also the Court in fact had reproduced the earlier order only with a view to infuse the sense of urgency which appears to have worked but not to the fullest as though the reply has come but in a soft copy which cannot be placed on record and there is a justification on the part of the counsel for the petitioner with respect to the appropriate direction for extending the anti-dumping duty so that the subject matter of petition may not be rendered infructuous and irretrievable situation may be avoided. The Court is, therefore, of the view that let there be a direction to respondent No.1 th....
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....n the proceedings that neither the counsel for the authority or the petitioner had in knowledge of the rescinding notification dated 16/04/2019 and therefore, the same has not been even reflected in the reply affidavit of the authority. Perhaps the reason being the notification of 16/04/2019 was issued by the authority of the Union of India other than the Designated Authority and, therefore, on account of some lack of communication, this matter happened. 12. The learned counsel appearing for the respondents submitted that in fact the Court may pass appropriate order whereunder the imports that may be made after 16/04/2019, could be recorded so that ultimate outcome of the petition may govern the same, else the notification wh....