C/SCA/15673/2024 IA ORDER DATED: 25/03/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 15673 of 2024
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EPIGRAL LIMITED(MEGHMANI FINECHEM LIMITED))
Versus
UNION OF INDIA
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Appearance:
MR MIHIR JOSHI, LD.SR.ADV WITH MR DHAVAL SHAH(2354) for the
PETITIONER(s) No. 1
MR ANKIT SHAH(6371) for the RESPONDENT(s) No. 1
MR PRAGYAN PRADEEP SHARMA, LD.SR.ADV with MS.GARGI VYAS and
MR.RAJESH SHARMA for the Respondent No.6
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 25/03/2025
IA ORDER
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
1. Heard learned Senior Advocate Mr.Mihir
Joshi with learned advocate Mr.Dhaval Shah for
the applicants, learned advocate Mr.Ankit Shah
for the respondent Nos.2 and 3 and learned
Senior Advocate Mr.Pragyan Pradeep Sharma with
learned advocate Ms.Gargi Vyas and learned
advocate Mr.Rajesh Sharma for the respondent
No.6.
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C/SCA/15673/2024 IA ORDER DATED: 25/03/2025
2. By this application, the applicants have
prayed for the following reliefs:
“A. Your Lordships, be pleased to
restrain the Respondents from taking
any steps pursuant to the Disclosure
Statement till disposed of the subject
petition.
B. Ex parte ad interim interim relief
in terms of prayer A above be granted;
C. This Hon'ble Court be pleased to
grant such other and further relief in
the interest of justice.”
3.1. Learned Senior Advocate Mr.Mihir Joshi
for the applicants submitted that the Special
Civil Application No.15673 of 2024 is already
heard and kept for judgment. It was submitted
that as per the provisions of the Customs
Tariff (Identification, Assessment and
Collection of Anti-Dumping Duty on Dumped
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C/SCA/15673/2024 IA ORDER DATED: 25/03/2025
Articles and for Determination of Injury)
Rules, 1995 (for short ‘the Rules’), the
respondent-Authority is required to pass an
order within a period of twelve months which
is expiring today and if any final order is
passed by the respondent-Authority, the entire
Special Civil Application and the decision
which may be rendered by this Court shall
become infructuous and would lead to
multiplicity of the proceedings.
3.2. It was therefore prayed that the
respondents may be restrained from passing the
final findings order till the judgment is
pronounced by this Court in the Special Civil
Application No.15673 of 2024.
4.1. On the other hand, learned advocate
Mr.Ankit Shah appearing for the respondent
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C/SCA/15673/2024 IA ORDER DATED: 25/03/2025
Nos.2 and 3 submitted that the respondents
have not been restrained from proceeding
further with the hearing and accordingly, the
respondents are bound to pass an order today
i.e. on expiry of twelve months as the case
was initiated on 26th March, 2024.
4.2. It was therefore submitted that unless
and until appropriate order is passed by this
Court, the respondents will have no option but
to pass the final findings order during the
course of the day.
5. Learned Senior Advocate Mr.Pragyan Pradeep
Sharma for the respondent No.6 submitted that
great prejudice will be caused to the
respondent No.6 if the respondents are
restrained from passing the final order as the
Central Government has also not levied any
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C/SCA/15673/2024 IA ORDER DATED: 25/03/2025
provisional anti-dumping duty during the
pendency of the petition before this Court.
6. Considering the above submissions, we are
of the opinion that if any final findings
order is passed by the respondent-Authorities,
then the entire petition would be rendered
infructuous as the hearing of the petition was
already over on 13th March, 2025.
7. It also appears from the record that the
respondent-Central Government has not
implemented the provisional order passed by
the Adjudicating Authority in view of the
pendency of this petition.
8. We are conscious that the respondent No.6
is facing the prejudice but the respondent-
Authority has also not exercised their
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C/SCA/15673/2024 IA ORDER DATED: 25/03/2025
discretion in extending the period in view of
the provisio to Rule 17(1) of the Rules which
reads as under :
“Provided that the Central Government
may, [in its discretion in special
circumstances] extend further the
aforesaid period of one year by six
months.”
9. We are therefore left with no option but
to restrain the respondents from passing the
final order on the subject matter for four
weeks from today.
10. Stand over to 30th April, 2025.
Direct Service through Email is permitted.
(BHARGAV D. KARIA, J)
(D.N.RAY,J)
PALAK
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