Gujarat High Court
Saint Gobain India Private Limited vs Union Of India & 2 on 15 November, 2016
Bench: Harsha Devani, A.S. Supehia
C/CA/11245/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR JOINING PARTY) NO.11245 of 2016
In SPECIAL CIVIL APPLICATION NO. 16426 of 2016
With
CIVIL APPLICATION NO. 11258 of 2016
In SPECIAL CIVIL APPLICATION NO. 16429 of 2016
TO
CIVIL APPLICATION NO. 11261 of 2016
In SPECIAL CIVIL APPLICATION NO. 16427 of 2016
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SAINT GOBAIN INDIA PRIVATE LIMITED....Applicant(s) Versus UNION OF INDIA & 2....Respondent(s) =================================================== Appearance:
MR JITENDRA SINGH, ADVOCATE, with MR P R GUPTA, ADVOCATE for the Applicant(s) No. 1 MR DEVANG VYAS, ADVOCATE for Respondent(s) No.12 MR GAURAV S MATHUR, ADVOCATE for Respondent(s) No.3 =================================================== CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE MR.JUSTICE A.S. SUPEHIA Date : 15/11/2016 ORAL (COMMON) ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) (1) RULE. Mr.Devang Vyas, learned Assistant Solicitor General of India, waives service of notice of rule on behalf of the original respondents, Mr.Gaurav Mathur, learned advocate waives service of notice of rule on behalf of the original petitioner (in Civil Applications No.11245/16 & 1126011261/16) and Mr.Kuntal Parikh, learned advocate waives service of notice of rule on behalf of the original petitioner (in Civil Applications No.1125811259/16).Page 1 of 5
HC-NIC Page 1 of 5 Created On Tue Nov 29 00:43:07 IST 2016 C/CA/11245/2016 ORDER (2) By these applications the applicants seek to be permitted to intervene/be impleaded as respondents in the captioned writ petitions.
(3) Mr.Jitendra Singh, learned advocate, with Mr.P.R.Gupta, learned advocate for the applicant in Civil Application No.11245 of 2016, Mr.Anand Nainawati, learned advocate for the applicant in Civil Applications No.1125811259 of 2016, and Mr.Tanvish Bhatt, learned advocate, for M/s.Wadia Ghandy & Co., learned advocates for the applicant in Civil Applications No.11260 11261 of 2016, state that the applicants are interested parties as contemplated under section 2(c) of the CEGAT (Countervailing Duty and Antidumping Duty) Procedure Rules, 1996 (hereinafter referred to as "the rules"). It was submitted that the applicants were an integral part of the investigation and adjudication before the Designated Authority and that therefore, they are necessary and proper parties to the proceedings before this Court.
(4) Opposing the application Mr.S.N.Soparkar, learned Senior Advocate, with Mr.Gaurav Mathur and Mr.Kuntal Parikh, learned advocates for the original petitioner, Page 2 of 5 HC-NIC Page 2 of 5 Created On Tue Nov 29 00:43:07 IST 2016 C/CA/11245/2016 ORDER submitted that the petitions are not only challenging the final findings issued by the Designated Authority but also procedure followed by the Designated Authority, as being violative of the principles of natural justice. It was submitted that as to whether or not the principles of natural justice have been complied with is for the Designated Authority to reply and hence, the applicants are neither necessary nor proper parties in the captioned petitions.
(5) This court has considered the submissions advanced by the learned counsel for the respective parties.
(6) From the facts as emerging from the record it is apparent that what is subject matter of challenge in the captioned petitions are the final findings of the Designated Authority under rule 17 of the Antidumping Rules, 1995. Upon publication of the final findings by the Designated Authority, the Central Government may issue a notification in the Official Gazette. Against such notification issued by the Central Government, appeal lies to the Customs, Excise and Service Tax Appellate Tribunal under section 9C of the Customs Tariff Act, Page 3 of 5 HC-NIC Page 3 of 5 Created On Tue Nov 29 00:43:07 IST 2016 C/CA/11245/2016 ORDER 1975. Rule 5 of the rules makes provision for procedure for filing appeals and who may be joined as respondents. Subrule (2) of rule 5 enumerates the persons who are required to be joined as respondents to the appeal. The category of persons under clause
(c) thereof is "Interested persons who submitted representations to the designated authority in the course of investigation". In these circumstances, having regard to the fact that in present case, the applicants had submitted representations to the Designated Authority and were an integral part of the investigation, the applicants can be said to be necessary parties to the captioned petitions.
(7) The applications therefore, succeed and are accordingly allowed. The applicant in Civil Application No.11245 of 2016, SaintGobain India Private Limited, is permitted to be joined as respondent No.3 in Special Civil Application No.16426 of 2016 and the applicant in Civil Applications No.11258 11261 of 2016, Detergent Manufacturers Association of India, is permitted to be joined as respondent No.3 in each of the captioned writ petitions. RULE is made Page 4 of 5 HC-NIC Page 4 of 5 Created On Tue Nov 29 00:43:07 IST 2016 C/CA/11245/2016 ORDER absolute accordingly in each of the applications, with no order as to costs.
(8) The causetitle of each of the writ petitions to be amended accordingly.
(9) Registry is directed to place a copy of this order in each matter.
Sd/ [HARSHA DEVANI, J] Sd/ [A. S. SUPEHIA, J] *** Bhavesh[pps]* Page 5 of 5 HC-NIC Page 5 of 5 Created On Tue Nov 29 00:43:07 IST 2016