Law: Anti Dumping Duties Ordinance, 2015

Section: 70,72

Law: Constitution of Pakistan, 1973

Section: 199

THIS ORDER PASSED BY: SHAKIL-UR-REHMAN KHAN, JUSTICE:---.--- Through the instant petition final determination and levy of definitive Anti-Dumping Duties on Dumped imports of Cold Rolled Coils/Sheets/Strips into Pakistan originating in and/or exported from Canada and the Russian Federation dated 16-3-2020 under the provisions of Anti-Dumping Duties Act, 2015 has been challenged by the petitioner. It has been stated that the petitioner has imported raw material of steel sheets and coils from Canada and he is unable to file his ˜goods declaration under the provisions of Section 79 of the Customs Act, 1969 due to demand of illegal anti-dumping duty. 2. At the outset learned Assistant Attorney General, as well as learned counsel for the respondents Nos.2, 3 and 4 have pointed out that the petitioner has already filed an appeal under section 70 of the Anti- Dumping Duties Act, 2015 before the learned Appellate Tribunal, which is pending adjudication and that the said Tribunal is fully functional. Accordingly, instant constitutional petition is not maintainable. 3. In response to the above, learned counsel for the petitioner argued that the appeal before the learned Tribunal is not an adequate remedy. In support of this contention, learned counsel for the petitioner has relied upon the cases reported as Chairman, Central Board of Revenue, Islamabad and 3 others v. Messrs Pak-Saudi Fertilizer Ltd, and another (2001 SCMR 777), Messrs Bhimra Textile Mills (Pvt.) Ltd. through Authorized representative v. Oil and Gas Regulatory Authority through Chairman and others (2019 CLC 1247), Rehmatullah alias Rematoli v. Government of Khyber Pakbitunkhwa through Secretary Home and Tribal Affairs Peshawar and others (PLD 2018 Peshawar 17), Augere Pakistan (Pvt.) Ltd, through Authorized Attorney v. Province of Sindh through Secretary Ministry of Finance and 4 others (2015 PTD 1340), Bank of Punjab through Group Head of its Special Projects v. Accountability Court No. 1, Lahore and 2 others (PLD 2014 Lahore 92), Muhammad Akbar v. Muhammad Malik and another (PLD 2005 Lahore 1) and Rizwan Ullah v. Registrar/President, Cooperative Societies. N.W.F.P., Peshawar and 3 others (PLD 2003…

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