- (1.) By this appeal the appellant above-named has impugned the judgment and order of the learned Single Judge dated 19th August, 2011 passed in the Writ Petition No.3183 (W) of 2011 whereby and whereunder the learned Trial Judge has granted relief as prayed for in the writ petition.
(2.) The short fact leading to filing the writ petition and preferring instant appeal is as follows:- The appellant herein claiming to be producer of a product what is called Melamine in the month of September, 2010, filed an application before the Additional Secretary and Designated Authority, Directorate General of Anti Dumping and Allied Duty, Department of Commerce and Ministry of Commerce and Industries, Government of India being the first respondent herein for imposition of anti dumping duty on imported Melamine. It is alleged in the said application that the said product is largely imported to this country from European Union, Indonesia, Iran and Japan. The writ petitioner herein being one of the exclusive importers having learnt about the filing of the said application made a representation against the said application contending that the appellant herein was ineligible to file said application as per Rule 2(b) 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 'said Rules') which were framed by the Central Government in exercise of powers conferred under Sections 9A(6) and 9B(2) of the Customs Tariff Act, 1975 (hereinafter referred to as CTA) intending to oppose to the initiation of investigation aiming at to levy of anti dumping duty on the said product from the countries mentioned above. However Directorate General of Anti Dumping and Allied Duties, Department of Commerce, Ministry of Commerce and Industry, Government of India issued a notification dated 7th December, 2010 and a copy of the same was supplied to the writ petitioner- respondent informing that the respondent had initiated investigation into the existence, degree and effect of alleged dumping by import of Melamine in India from the said countries. The writ petitioner being the respondent No.4 herein thereafter filed the above writ petition contending in substance that going by the statement made in the application filed by the appellant herein the said authority had no jurisdiction to issue notification mentioned above intending to initiate investigation. The said writ petition was opposed not only by the appellant but by the respondent abovenamed also.
(3.) The learned Trial Judge however held that the appellant herein going by the admitted fact that it is also importer of the said material from same countries, is ineligible to make application, for the purpose above in other words the said authority had no jurisdiction to initiate investigation based on the complaint made by the appellant. At the threshold the notification was passed.;