2021 (6) TMI 474

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.... The captioned application is disposed of, with a direction to the petitioner, to place on record the duly attested affidavit and welfare stamp, and deposit the requisite court-fee, within three days of the Court resuming its normal and usual work pattern. W.P.(C) No.5882/2021 & CM APPL. No.18497/2021[Application filed on behalf of the petitioner seeking interim relief] 3. Via this writ petition, challenge is laid to the notification dated 15.05.2021, issued by respondent no. 2, for initiating anti-dumping investigation in respect of imports of solar cells, whether or not assembled into modules/panels, originating in or exported from China PR, Thailand and Vietnam. 4. Mr. Sujit Ghosh, who appears on behalf of the petitioner, has made, in....

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.... the course of the arguments. (iv) Fourthly, for the application to be considered as viable for initiating investigation, it is required to stay clear of the following two exceptions: (a) the applicant should not be related to the exporter; and (b) the applicant should not be the importer of "alleged dumped articles". In support of this plea, it is stated that the data concerning Jupiter International Limited i.e. one of the applicants would show that it had imported the "dumped article"; an aspect which has been suppressed. In this behalf, our attention has been drawn to page 445 of the paper book. (v) Fifth, although, the period of investigation spans between July 2019 and December 2020, the period of injury spans between 2016-17....