Gujarat High Court
Dcw Limited, vs Union Of India on 14 June, 2018
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt, A.G.Uraizee
C/SCA/14202/2017 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION NO. 2 of 2018
IN R/SPECIAL CIVIL APPLICATION NO. 14202 of 2017
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DCW LIMITED, Versus UNION OF INDIA ================================================================ Appearance:
MR. MIHIR JOSHI, LEARNED SR. ADVOCATE with MR GAURAV S MATHUR, with Mr. RAJESH SHARMA, LD ADV WITH MR. ABHISHEK SHAH, for the PETITIONER(s) No. MR DEVANG VYAS for the RESPONDENT(s) No. MR HARDIK P MODH for the RESPONDENT(s) No. MR NIRZAR S DESAI for the RESPONDENT(s) No. MR VISHAL K SEVAK for the RESPONDENT(s) No. NOTICE SERVED BY DS for the RESPONDENT(s) No. PARITOSH R GUPTA for the RESPONDENT(s) No. ================================================================ CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT and HONOURABLE MR.JUSTICE A.G.URAIZEE Date : 14/06/2018 IA ORDER (PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) (1) Learned counsel for the applicant mentioned this matter in the morning and learned counsel Shri Modh submitted that the copy is being received that the matter be kept tomorrow, to which there was a strong objection as some orders were required to be passed in respect of the fact that Sunset review which had started on 16.06.2017 and one year period would get over by 15.06.2018 and therefore, despite there being an order of this Court to complete the sunset review in accordance with law, the same was not heeded to as per the say of the counsel. Accordingly, time granted and this matter was listed today.Page 1 of 3
C/SCA/14202/2017 IA ORDER (2) Learned counsel for the applicant invited Court's
attention to the fact that the sunset review is ordered to be brought to its logical conclusion in accordance with law and that being a direction, the same could have been complied with. The respondent-designated authority was approached on 12th June, 2018 and 13th June, 2018 for obtaining appropriate extension permission from the respondent No.1-Union of India as the extension upto six months time is permissible in law and this extension was not likely to jeopardize any one as the Anti Dumping Duty is extended upto 02.07.2018.
(3) Learned counsel Shri Modh who appears on advance copy for respondent No.1 submitted that there was an application by this very applicant during the pendency of the matter and the Court while disposing of the main matter, did not pass any order in that matter. Therefore, the same prayer cannot made and in alternative he submitted that this is fresh cause of action and therefore, fresh new petition should have been filed.
(4) Mr. Nirzar Desai submitted that he has to take instructions and the matter be posted tomorrow because in any way time limit will lapse by 12:00 midnight tomorrow i.e. on 15.06.2018.
(5) In that view of the matter, we are inclined to keep this matter on 15.06.2018. So far as contention of Shri Modh is concerned, we would like to observe that the disposal of the earlier application with similar prayer would be prima-facie is not justified as the Court clearly issued direction in the judgment and the Court did except the authority to do the needful for due compliance of the Court's order in which the Page 2 of 3 C/SCA/14202/2017 IA ORDER Court has observed that the sunset review deserves to be brought to its logical end. Non seeking of extension and permitting the sunset review on lapse of time, in our prima-
facie view, amounts to bringing about abrupt end which deserves to be construed in its proper perspective.
Put up on 15.06.2018.
(S.R.BRAHMBHATT, J) (A.G.URAIZEE, J) Siddharth Page 3 of 3