Pt Petro Oxo Nusantara v. The Designated Authority & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 35.

+ W.P.(C) 3794/2016 PT PETRO OXO NUSANTARA ..... Petitioner Through Mr V. Lakshmikumaran, Mr T. D. Satish and Mr Ankur Sharma, Advocates.

versus THE DESIGNATED AUTHORITY & ORS.

..... Respondents Through Ms Reena Khair, Mr Rajesh Sharma and Ms Rita Jha, Advocates for R3.

Mr Ravi Prakash, CGSC with Ms Pallavi Shali, Advocates and Mr Aditya Dewan, Advocate for R1 and R2.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU

O R D E R

% 02.05.2016 CM 16143/2016

1. Allowed, subject to all just exceptions.

W.P.(C) 3794/2016 & CM 16142/2016

2. The challenge in this writ petition is to a Customs Notification dated 29th March, 2016 issued by the Central Government under Section 9A(1) and (5) of the Customs Tariff Act, 1975 ('CTA') read with Rule 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping W.P.(C) 3794/2016 Page 1 of 2

Duty on Dumped Articles and for Determination of Injury) Rules, 1995. The Court is of the view that the challenge to the notification should be preferred in the first instance before the Central Excise Service Tax Appellate Tribunal ('CESTAT') under Section 9C of the CTA.

3. It would be open to the Petitioner to request the CESTAT for expeditious disposal of such appeal.

4. The writ petition and the pending application are disposed of in the above terms.

S.MURALIDHAR, J VIBHU BAKHRU, J MAY 02, 2016 pkv W.P.(C) 3794/2016 Page 2 of 2