2023 (6) TMI 1095

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.... may also add that if the confidentiality clause under Rule 7 would be applicable in respect of the information provided in the application by the domestic industry under Rule 5(1), the same cannot be stretched to the extent that even the determination by the designated authority as regards the normal value or the export price or the margin of dumping or even the non-injurious price of the domestic industry shall remain confidential to the extent that it will not be revealed at all to any one at any stage, but the ADD would be imposed. As already interpreted Clause 16 requires that the designated authority before giving its final findings to inform all interested parties of the essential facts under consideration which form the basis of its decision. The essential facts in our view would constitute those facts which forms the basis of the decision that the designated authority may arrive at, where such decision would also include the decision to impose the ADD and the determination of the essential parameters thereof i.e. the normal value, export value and margin of dumping or even the non-injurious price. We may again add that the requirement of Rule 16 are not subjected to the....

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....pt the application and to grant leave to the applicant to file an appeal against the impugned judgment and order. In support of his contentions Mr. Sarmah placed reliance on the following judgments: (i) In Re Sidebotham: (1880) LR 14 Ch D 458(CA). (ii) Regina vs. Liberpool Corporation: (1972) LR 19 QBD 174 (CA). (iii) Ayaaubkhan Noorkhan Pathan vs. State of Maharashtra & Ors.: (2013) 4 SCC 465. (iv) Jashbhai Motibhai Desai vs. Roshan Kumar, Haji Bashir Ahmed & Ors.: (1976) 1 SCC 671. (v) Ramesh Hirachand Kundanmal vs. Municipal Corporation of Greater Bombay & Ors.: (1992) 2 SCC 524. (vi) Deputy Commissioner, Hardoi, In Charge Court of Wards, Bharawan Estate vs. Rama Krishna Narain & Ors. (AIR 1953 SC 521) (vii) Saraswati Industrial Syndicate Ltd. Vs. Commissioner of Income Tax, Haryana, Rohtak: (1999) 3 DCC 141. 4. Per contra, Dr. Ashok Saraf, assisted by Mr. N. N. Dutta, learned counsel appearing for the appellant/writ petitioner vehemently and fervently opposed the submissions advanced by the applicant's counsel. He urged that the learned Single Judge made a thorough evaluation of the scheme of Rule 7 and Rule 16 of the Rules of 1955 and then came to a well ....

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....adment filed by the applicant before the writ court was disposed of only by granting it permission to intervene having attained finality, the applicant cannot be allowed to act as a party and file an appeal against the final order of the learned Single Judge. Dr. Saraf further pointed out that the judgment and order dated 26.08.2019 was subjected to review at the instance of the writ petitioner. As per Dr. Saraf, the original judgment merged into the order of review and, hence, the application seeking leave to file appeal has to fail only for the reason that the final order passed in the review application has not been challenged by the appellant in the connected writ appeal. He further urged that if, at all, the applicant intends to buttress its cause, then it can again move an application seeking right to intervene the writ appeal preferred by the respondent herein. On these grounds, Dr. Saraf implored the court to reject the application seeking leave to file appeal. In support of his submissions, Dr. Saraf placed reliance on the Hon'ble Supreme Court judgment in the case of N. Swain and Another vs. B. K. Mohapatra and Others, reported in 1970 (3) SCC 321 and Vilas Dadarao Chava....

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....ion precedent for invoking the writ jurisdiction of the courts. It is implicit in the exercise of such extraordinary jurisdiction that, the relief prayed for must be one to enforce a legal right. In fact, the existence of such right, is the foundation of the exercise of the said jurisdiction by the Court. The legal right that can be enforced must ordinarily be the right of the appellant himself, who complains of infraction of such right and approaches the Court for relief as regards the same. (Vide : State of Orissa v. Madan Gopal Rungta, AIR 1952 SC 12; Saghir Ahmad & Anr. v. State of U.P., AIR 1954 SC 728; Calcutta Gas Company (Proprietary) Ltd. v. State of West Bengal & Ors., AIR 1962 SC 1044; Rajendra Singh v. State of Madhya Pradesh, AIR 1996 SC 2736; and Tamilnad Mercantile Bank Shareholders Welfare Association (2) v. S.C. Sekar & Ors., (2009) 2 SCC 784). 10. A "legal right", means an entitlement arising out of legal rules. Thus, it may be defined as an advantage, or a benefit conferred upon a person by the rule of law. The expression, "person aggrieved" does not include a person who suffers from a psychological or an imaginary injury; a person aggrieved must therefore,....