M/S Chemplast Sanmar Ltd v. Leather Cloth&Plastics

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 5/12/2017 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE R.PONGIAPPAN Civil Miscellaneous Appeal No.3111 of 2012 and M.P. No 1 of 2012.

M/s. Chemplast Sanmar Limited rep. By its Executive Vice President (Legal) 9 Cathedral Road Chennai 600 086.

... Appellant/3rd Respondent Vs

1. Leather Cloth & Plastics Mfrs Association Having office at 5105/1 Dev Nagar Behind Khalsa College Karol Bagh New Delhi 110 005.

2. Union of India through its Secretary Ministry of Finance Department of Revenue North Block New Delhi 110 001.

3. Designated Authority Directorate General of Anti-Dumping & Allied Duties Ministry of Commerce and Industry Udyog Bhawan New Delhi 110 017.

4. Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Anti Dumping Bench, West Block No II R.K. Puram, New Delhi (The name of R4 deleted vide order of the court dated 11.10.2017 made in memo dated 25.04.2017 vide USSR No 4402/2017)

...Respondents/Appellant/ 1 & 2 Respondent

Petition filed under Section 130 of the Customs Act, to set aside the impugned order dated 6th July 2012 made in AD/M/326/2012 and AD Appeal No.24 of 2010 on the file of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Anti-Dumping Bench, passed by the fourth respondent with consequential relief.

For petitioner ...

Mr.Anand Sasidharan For respondents ...

Mr.A.P.Srinivas for R.2.

Mr.B.Rabu Manohar, SCGSC for R.3

O R D E R

(Order of the Court was made by S.MANIKUMAR, J) Final Order, dated 6/7/2012, made in AD/M/326/2012, is impugned in the instant Civil Miscellaneous Appeal.

2. Mr.Anand Sasidharan, learned counsel for the appellant and Mr.A.P.Srinivas, learned counsel for the second respondent/Revenue submitted that consequent to the remand, a fresh Notification has been issued and that challenge to the same has failed, vide order of CESTAT, New Delhi.

3. In view of the subsequent events, there is no need to delve into the substantial questions of law raised in the instant Civil Miscellaneous Appeal, as the same has become infructuous.

4. Accordingly, Civil Miscellaneous Appeal is dismissed as infructuous.

No costs.

Consequently, the connected Miscellaneous Petition is closed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar mvs.

To

1. The Secretary Union of India Ministry of Finance Department of Revenue North Block New Delhi 110 001.

2. The Designated Authority Directorate General of Anti-Dumping & Allied Duties Ministry of Commerce and Industry Udyog Bhawan New Delhi 110 017.

+1 CC to Mr.A.P. Srinivas, Advocate sr 86631. +1 CC to Mr.B. Rabu Manohar, advocate sr 86134. Civil Miscellaneous Appeal No.3111 of 2012 NM(CO) SP(22/12/2017)