2022 (1) TMI 815

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....g imports of "Décor Paper" originating in or exported from China PR. The principal ground of challenge raised in the petition is that the writ applicant has been treated as a non-cooperative exporter though, according to the writ applicant, it had submitted the required information and data as called for by the Designated Authority, respondent No.3, inter alia, vide its e-mail dated 15.11.2020. According to the writ applicant, non-consideration of the data submitted by the applicant resulted in a situation whereby the Designated Authority, rsepondent No.3 imposed Anti- Dumping Duty of an amount of USD 116 per metric tonne and USD 110 per metric tonne in respect of similar situated producers, while the products of the writ applicant w....

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....ority thereby imposing Anti- Dumping Duty as recommended by the Designated Authority. 5. The writ applicant has therefore moved this Civil Application (No. 2 of 2022) seeking to amend the writ petition in terms of the Draft Amendment at Annexure E thereto and has also sought for interim relief to stay the aforesaid Notification dated 27.12.2021. 6. Today, when the matter is taken up for hearing, it was submitted by the learned senior counsel Mr. Mihir Joshi appearing for the applicant - original writ applicant that while reserving its contentions against the levy of Anti-Dumping Duty itself, presently, it is suffering grave prejudice on account of imposition of duty which is nearly five times higher than that imposed on the products of ot....

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....or counsel Mr. Soparkar assistated learned advocdate Mr. Kunal Nanavati for the Nanavati Associates, has submitted that while this arrangement may be adopted, the same should be for a limited period of two to three months and thereafter, the applicant be relegated to filing an appeal against the Notification of the Central Government dated 27.12.2021 as provided under Section 9C of the Customs Tariff Act, 1975. 9. After hearing the parties and particularly, considering the stance of the Respondent-Union of India, the following order is passed: i. The draft amendment as prayed for in the Civil Application No.1 of 2022 as per Annexure E is granted subject to rights and contentions of the Respondents. Such amendment to be carried out within....