| Citation(s) |
|---|
| 2018 SLG 649 2018 SLD 649 2018 PTD 668 2018 PTCL 751 2019 PTD 1387 |
Suit No. 1661 of 2015, decision Date : 2-6-2017, hearing Dates: 31st January, 8th February, 20th March and 18th April, 2017.
Haider Waheed and Basil Nabi Malik for Plaintiffs. Ali Almani and Ahmed Shiraz for Defendants Nos. 1 and 2. Khalid Jawed Khan for Defendant No. 3.
DEWAN STEEL MILLS THROUGH AUTHORIZED REPRESENTATIVE AND OTHERS
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF COMMERCE, ISLAMABAD AND OTHERS
Law: Anti Dumping Duties Ordinance, 2015
Section: 20,20(2)(b),21,22,31,33,70,70(2)
Law: Civil Procedure Code (V of 1908)
Section: O.XXXIX,Rr.1,2
Law: Specific Relief Act, 1877
Section: 42,54
Anti-Dumping Duties Act (XIV of 2015)--- ----Ss. 31, 33 & 70---Specific Relief Act (I of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and injunction---Interim injunction, grant of---Limitation period, extension of---Preliminary determination---Plaintiffs were importers of 'hot rolled steel billets' and complaint was filed against them before National Tariff Commission alleging that plaintiffs were dumping the goods in question---Plaintiffs assailed process of investigation against them on the ground that copy of complaint was not provided to them---Validity---Special statutory remedy under S.70 of Anti-Dumping Duties Act, 2015 was provided---Subject was of technical nature and that was why, quorum/composition of National Tariff Commission and academic qualification of its members were also mentioned---Plaintiffs could avail remedy of appeal before Appellate forum as mentioned in S. 70 of Anti-Dumping Duties Act, 2015---Limitation period in terms of S.70(2) of Anti-Dumping Duties Act, 2015, was 30 days' time prescribed for preferring appeal against preliminary determination, which time had already ended---Plaintiffs came to know about preliminary determination when they filed second application for grant of injunction before High Court and no appeal was preferred till then---High Court enlarged time to plaintiffs who could file appeal against preliminary determination before Appellate Tribunal under S.70 of Anti-Dumping Duties Act, 2015---High Court directed the authorities to ensure that local industry was not destroyed and import from China should not result in threat of material injury or causing material retardation of establishment of a domestic industry as envisaged in definition of "injury" contained in Anti-Dumping Duty Act, 2015---High Court directed the Federal Government to ensure by improving capacity of National Tariff Commission to meet impending challenges---High Court further directed that much acclaimed business opportunities in China Pakistan Economic Corridor (CEPC) must focus on the fact that it should also result in enhancing / boosting exports of Pakistan resulting in reduction…
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