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Showing contexts for: Sunset Review in Nirma Limited, vs Union Of India on 14 June, 2018Matching Fragments
NIRMA LIMITED, Versus DIRECTORATE GENERAL OF ANTI-DUMPING AND ALLIED DUTIES ================================================================ 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.
C/SCA/14204/2017 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.
(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 C/SCA/14204/2017 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-