| Citation(s) |
|---|
| 2022 SLG 1484 2022 SLD 1484 2022 PLJ 18 |
Sindh High Court
M.A. Nos. 21, 22 26 and C.M.A. No. 2179 of 2020,decided on 17.2.2021.
SALAHUDDIN PANHWAR, J.
Mr. Abdul Moiz Jafri, Advocate for Appellant. Mr. Ahmed Sheeraz, Advocate for
Respondent No. 2. Mr. Saifullah Khan, Advocate for
Respondent No. 3. Mr. Waseem Akhtar, Assistant Attorney General.
M.A. Nos. 21, 22 26 and C.M.A. No. 2179 of 2020,decided on 17.2.2021.
SALAHUDDIN PANHWAR, J.
Mr. Abdul Moiz Jafri, Advocate for Appellant. Mr. Ahmed Sheeraz, Advocate for
Respondent No. 2. Mr. Saifullah Khan, Advocate for
Respondent No. 3. Mr. Waseem Akhtar, Assistant Attorney General.
M/S. KARACHI IRON STEEL MERCHANTS ASSOCIATION through Authorised Representative and others--Appellants
VS
ANTIDUMPING APPELLATE TRIBUNAL and others
Law:
Section:
Anti-Dumping Duties Act, 2015 (XIV of 2015)-- ----S. 70(1)(13)--Final determination--Levy of anti-dumping duties--Determination of penalties--Administrative control of Court--Plea of convenience--Jurisdiction--Appellants in M.A. No. 22 of 2020 have also filed appeal before Islamabad High Court against same and on same cause of action--Appellants did contest matter before Tribunal, constituted at Islamabad over which this Court has got no administrative control mere plea of ‘convenience’ is never sufficient for choosing Court (s) rather it is always commandment of law and law alone which describes ‘jurisdiction’--Failure of Federation in establishing Tribunal (s) at other provinces is also no ground to press right of convenience--Matter appears to be between parties alone hence same, legally, can’t be taken as having applicability thereof on people at large--In case an action of Federation, if affecting community or public at large then same may be challenged before High Court of other province, too but if same is personam relating to any party then jurisdiction would lie with High Court of area where order is passed--Appeals dismissed. PLD 2014 Karachi 135 ref. ORDER The captioned appeals are against the judgment dated 28.02.2020 passed by the Anti-Dumping Appellate Tribunal Pakistan in Appeal Nos. 291, 296, 299, 300 of 2018. 2. Precisely, brief facts are that the Respondent No. 2 preferred appeals before the Anti-Dumping Appellate Tribunal and as referred the all appeals were allowed (they were dismissed). Being aggrieved the present appellants have filed captioned miscellaneous appeals before this Court. It has come on record that appellants in M.A. No. 22 of 2020 have also filed appeal before Islamabad High Court against the same judgment and on same cause of action. Learned counsel for the appellants has referred judgments reported in 1985 SCMR 758 (Messrs Al-Iblagh Limited, Lahore vs. The Copyright Board, Karachi and others), PLD 1997 SC 334 (Sandalbar Enterprises (Pvt) Ltd vs. Central Board of Revenue and others), 2009 CLD 1498 (LPG Association of Pakistan through Chairman vs. Federation of Pakistan through Secretary, Ministry of Petroleum and Natural…
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