Bystronic Laser India Pvt Ltd v. The Designated Authority Directorate General Of Trade Remedies And ORS

19-WP-3789-2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3789 OF 2024 Bystronic Laser India Pvt. Ltd.

...Petitioner

Vs.

The Designated Authority Directorate General of Trade Remedies & Ors.

...Respondents

___________ Ms. Radhika Sharma a/w Mr. S. B. Shetye a/w Ms. Sarika Shetye, for Petitioner. Mr. Y. R. Mishra, for Respondent.

__________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATE:

3 APRIL, 2024.

P.C.

1.

Leave to amend to implead the Commissioner of Customs (Import), Department of Custom, Bombay. Amendment to be carried out during the course of day. Added respondent be served.

2.

We have heard learned counsel for the petitioner. The challenge in this petition is to the Corrigendum notification dated 6 December 2023 whereby the notification dated 27 September 2023 fixing anti-dumping duty on the "Industrial Laser machines" in respect of the petitioner as fixed at 27.86% has been enhanced to 30.16%. The contention of the petitioner is that the Corrigendum is arbitrary and illegal as it has been issued without following due procedure and without authority in law.

3 April, 2024 Kiran Kawre

19-WP-3789-2024.DOC 3.

According to the petitioner, the notification and final finding dated 27 September 2023 (Exhibit-"E") could not have been altered except for certain typographical and other errors, much less in regard to the duty as fixed under the final notification. Although respondents are served, they are not represented. We have requested Mr. Yogesh Mishra, learned counsel who appears for the Central Government to take instructions. 4.

To enable him to take instructions, list the present proceeding to 17 April 2024.

5.

Liberty to apply.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 3 April, 2024 Kiran Kawre