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Designated Authority Director General ... vs Nocil Ltd on 31 January, 2020

Bench: R. Banumathi, A.S. Bopanna

                                                              1

     ITEM NO.5                                      COURT NO.5                   SECTION III

                                       S U P R E M E C O U R T O F         I N D I A
                                               RECORD OF PROCEEDINGS

               Petition(s) for Special Leave to Appeal (C)                   No(s).    2470/2020

     (Arising out of impugned final judgment and order dated 03-07-2019
     in SCA No. 4461/2019 passed by the High Court Of Gujarat At
     Ahmedabad)

     DESIGNATED AUTHORITY DIRECTOR GENERAL OF
     TRADE REMEDY & ORS.                                                           Petitioner(s)

                                                             VERSUS

     NPCIL LTD                                                                     Respondent(s)

     (FOR ADMISSION and Interim Relief and
     IA No.180548/2019-EXEMP.FROM FILING C/C OF THE IMPUGNED JUDGMENT )

     Date : 31-01-2020 This petition was called on for hearing today.

     CORAM :
                              HON'BLE MRS. JUSTICE R. BANUMATHI
                              HON'BLE MR. JUSTICE A.S. BOPANNA

     For Petitioner(s)                        Mr. Apoorva Kurup,Adv.
                                              Ms. Upama Bhattacharjee,Adv.
                                              Mr. D.L. Chidananda,Adv.
                                              Mrs. Anil Katiyar, AOR

     For Respondent(s)                        Mr.   Basava Prabhu S. Patil,Sr. Adv.
                                              Ms.   Praveena Gautam, AOR
                                              Ms.   Reena Asthana Khair,Adv.
                                              Mr.   Pawan Shukla,Adv.
                                              Ms.   Sweety Pandey,Adv.
                                              Mr.   Rajesh Sharma,Adv.

                         UPON hearing the counsel the Court made the following
                                             O R D E R

We have heard Mr. Apoorva Kurup, learned counsel appearing for the petitioner.

Issue notice.

MAHABIR SINGH Date: 2020.02.01 13:58:57 IST Reason: On behalf of the sole respondent, Ms. Praveena Gautam, Advocate, accepts notice. We have heard Mr. Basava Prabhu S. Patil, learned senior counsel appearing for the respondent, who has  2 submitted that the impugned order was passed on 03.07.2019. Learned senior counsel has submitted that in the light of the observations made by the High Court the respondent industry has filed fresh application on 24.01.2020 before the Designated Authority in terms of Rule 5 of Anti-dumping Rules. In view of above, it is open for the respondent to pursue subsequent representation. The pendency of the present special leave petition will not be an impediment for the concerned Authority to consider the fresh representation of the respondent. We make it clear that we have not expressed any opinion on the merits of such a representation of the respondent. Tag along with SLP(C)No(s).15859-15861 of 2018 and connected matters.

(MAHABIR SINGH)                                          (BEENA JOLLY)
  AR-cum-PS                                              BRANCH OFFICER