All India Glass Manufacturers Federation vs Union of India

Harsha Devani, J. (Oral)—Rule. Mr. Devang Vyas, learned Assistant Solicitor General of India, waives service of notice of rule on behalf of respondents No. 1 and 2, and Mr. Gaurav Mathur, learned advocate waives service of notice of rule on behalf of respondent No. 3.

By these applications the applicant-The All India Glass Manufacturers (AIGMF) seeks to be permitted to intervene/be impleaded as respondent in the captioned writ petitions.

Mr. Pramod Kumar Rai, learned Counsel, for Mr. Vishal K. Sevak, learned advocate for the applicant in each of the applications, submitted that the Designated Authority initiated a review investigation of dumping duty imposed on the request of the applicant and subsequent to initiation of investigation all the interested parties, including the applicant, had participated in the investigation. It was submitted that the disclosure statements and final findings being challenged by the applicant have been issued by the authority pursuant to an investigation made at the request of the applicant, in which the petitioner had also participated. The attention of the Court was invited to the provisions of sub-rule (2) of Rule 5 of the CEGAT (Countervailing Duty and Anti-dumping Duty) Procedure Rules, 1996 (hereinafter referred to as "the rules") to point out that against a notification issued by the Central Government accepting the final findings recommended by the Designated Authority, an appeal lies to the Customs, Excise and Service Tax Appellate Tribunal wherein the representative of the Domestic Industry, on whose application investigation was commenced by the Designated Authority, is required to be joined. It was submitted that therefore, the applicant, at whose instance the investigation was commenced, is a necessary party in the captioned writ petitions.

Opposing the application Mr. S.N. Soparkar, learned Senior Advocate, with Mr. Gaurav Mathur, learned advocate for respondent No. 3, submitted that the petitions are not only challenging the final findings issued by the Designated Authority but also the procedure followed by the Designated Authority, as being violative of principles of natural justice. It was submitted that as to whether or not the principles of natural justice have been complied with is for the Designated Authority to reply and hence, the applicant is neither a necessary nor a proper party in the captioned petitions.

This court has considered the submissions advanced by the learned counsel for the respective parties.

From the facts as emerging from the record it is apparent that what is subject matter of challenge in the captioned petitions are the final findings of the Designated Authority under Rule 17 of the Anti-Dumping Rules, 1995. Upon publication of the final findings by the Designated Authority, the Central Government may issue a notification in the Official Gazette. Against such notification issued by the Central Government, appeal lies to the Customs, Excise and Service Tax Appellate Tribunal under Section 9C of the Customs Tariff Act, 1975. Rule 5 of the rules makes provision for procedure for filing appeals and who may be joined as respondents. Sub-rule (2) of Rule 5 enumerates the persons who are required to be joined as respondents to the appeal. The category of persons under clause (b) thereof is "Representative of the domestic industry on whose application investigation was commenced by the designated authority". In these circumstances, having regard to the fact that in present case, the investigation was commenced on the application of the applicant herein, the applicant can be said to be a necessary party to the captioned petitions.

The applications therefore, succeed and are accordingly allowed. The applicant is permitted to be joined as respondent No. 3 in each of the captioned writ petitions. Rule is made absolute accordingly in each of the applications, with no order as to costs.

The cause-title of each of the writ petitions to be amended accordingly.

Registry is directed to place a copy of this order in each matters.