M/S Unimob Technologies v. Directorate General Of Trade Remedies & ORS.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10726/2024, CM APPL. 44155/2024 (Direction) M/S UNIMOB TECHNOLOGIES .....Petitioner Through:

Mr. S.K. Arora, Mr. Lakshay, Mr. Bharat Arora & Mr.

Ashwani Dwivedi, Advs.

versus DIRECTORATE GENERAL OF TRADE REMEDIES & ORS.

.....Respondent Through:

Mr. Harpreet Singh, SSC with Ms. Suhani Mathur, Mr. Jatin Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 13.08.2024 1.

The writ petition has been preferred seeking the following reliefs:- "(I) appropriate writ / orders / directions to Respondents, for implementation of the definitive anti-dumping duties imposed by Ministry of Finance vide notification bearing no. 17/2020 - Customs (ADD) dated 08.07.2020 and thereafter, thereby extending the antidumping duties on imports of Measuring Tapes originating in or exporting from China PR, Malaysia, Thailand, Singapore etc.;

(II) Direct the Respondents to conduct a thorough investigation into methods of anti-dumping duty evasion employed by the importers and identity the individuals/companies involved therein and take strict action against them;

(III) Direct the Respondents to strengthen the implementation of anti-dumping duties and procedures to prevent such evasion in future by its officers and importers;

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 11:49:45

(IV) Pass such other orders as may be just, fair and equitable in the facts and circumstances of the instant petition in favour of the Petitioner."

2.

The grievance which is addressed is in respect of an alleged violation of the anti-dumping duties imposed by the Ministry of Finance in terms of the notification dated 08 July 2020. 3.

According to the writ petitioner, although the anti-dumping measure remains in place, goods from the People's Republic of China, Malaysia, Thailand and Singapore are entering the country without those imposts being taken into consideration. 4.

Bearing in mind the disputed issues of fact which are canvassed, we leave it open to the writ petitioner to move the first and second respondents and provide all relevant information and material in its possession so that the complaint can be duly examined and disposed of. Let the aforesaid representation be submitted within two weeks from today. The same may be duly examined by the respondents and such further action taken as may be warranted. 5.

It is made clear that we have neither examined nor verified the correctness of the allegations made and thus all facts shall be open to be verified by the respondents.

6.

The writ petition is disposed of in the aforesaid terms. YASHWANT VARMA, J.

RAVINDER DUDEJA, J.

AUGUST 13, 2024/neha The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 11:49:45