Supreme Court - Daily Orders
Saint Gobain Glass India Ltd. vs Union Of India . on 13 April, 2017
Bench: Ranjan Gogoi, Navin Sinha
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ITEM NO.34 COURT NO.4 SECTION IIIB
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).
34166-34167/2012
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 27/04/2012
IN WA NO. 194/2012 AND DATED 18/06/2012 IN MP NO. 3/2012 IN WA NO.
194/2012 PASSED BY THE HIGH COURT OF MADRAS)
SAINT GOBAIN GLASS INDIA LTD. PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S)
(WITH APPLN. (S) FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS AND
INTERIM RELIEF)
WITH
SLP(C) NO. 66/2013
(WITH INTERIM RELIEF)
SLP(C) NO. 9696-9697/2013
(WITH APPLN. (S) FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED
ORDER AND INTERIM RELIEF)
SLP(C) NO. 9703/2013
(WITH APPLN. (S) FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED
ORDER AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND INTERIM
RELIEF)
SLP(C) NO. 9704/2013
(WITH APPLN. (S) FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED
ORDER AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND INTERIM
RELIEF)
SLP(C) NO. 9705/2013
(WITH APPLN. (S) FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED
ORDER AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND INTERIM
RELIEF)
SLP(C) NO. 9706/2013
(WITH APPLN. (S) FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED
ORDER AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND INTERIM
RELIEF)
Signature Not Verified
Digitally signed by
VINOD LAKHINA
Date: 2017.04.15
12:58:18 IST
Reason:
2
Date : 13/04/2017 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE NAVIN SINHA
For parties : Mr. Balbir Singh, Sr. Adv.
Mr. Jitendra Singh, Adv.
Mr. Prashant Kumar, Adv.
Mr. Vaibhav Sharma, Adv.
for M/s. Ap & J Chambers, Adv.
Mr. S. Seetharaman, Adv.
Mr. Darpan Bhuyan, Adv.
Mr. Anil Dutt, Adv.
Mr. M. P. Devanath, Adv.
Ms. Pinky Anand, ASG
Mr. Avijit Bhattacharjee, Adv.
Ms. Rekha Pandey, Adv.
Mr. Balendu Shekhar, Adv.
Mr. Abhijit Bhattacharya, Adv.
Mrs. Anil Katiyar, Adv.
Mr. B. Krishna Prasad, Adv.
Mr. Basava Prabhu S. Patil, Sr. Adv.
Mr. G. Umapathy, Adv.
Mr. M.A. Venkatasubramanian, Adv.
Mr. Rajesh Sharma, Adv.
Mr. Aditya Singh, Adv.
Mr. Rakesh K. Sharma, Adv.
Ms. Reena Khair, Adv.
Ms. Shereya Dhaiya, Adv.
Mr. Basava Prabhu S. Patil, Sr. Adv.
Ms. Reena Khair, Adv.
Mr. Rajesh Sharma, Adv.
Ms. Rita Jha, Adv.
Ms. Shereya Dhaiya, Adv.
Mr. Sanjay Sharawat, Adv.
Mr. Nikhil Goel, Adv.
Ms. Naveen Goel, Adv.
Mr. Ashutosh Ghade, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
The issues arising in the present Special Leave Petitions have become academic as the final duty notification(s) under Rule 18 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the “Anti-Dumping Rules”) has been published way back in the year 2012 and periodical review of the same has also taken place and the findings of such periodical review were in challenge in some of the proceedings before the Gujarat High Court which has rendered the final order as recently as on 23rd February, 2017.
In such circumstances, we do not consider it necessary to go into the issue(s) arising in the present Special Leave Petitions, namely, the precise meaning of the term 'domestic industry' in Rule 2(b) of the Anti Dumping Rules which issue is left open for adjudication in an appropriate case. We make it clear that as we have not decided the issue with regard to the meaning of the term 'domestic industry' it will be open for the aggrieved 4 party/parties to raise the said issue again and urge all points that may be open in law in support of the said issue and such issue, if raised, will be decided without holding the same to be foreclosed by reference to the order(s) under challenge.
With the aforesaid observations, all the Special Leave Petitions as well as all pending applications therein are disposed of.
[VINOD LAKHINA] [ASHA SONI]
COURT MASTER COURT MASTER