| Citation(s) |
|---|
| 2024 SLG 3150 2024 SLD 3150 2024 CLC 1002 |
Islamabad High Court
C.M.A. No.125 of 2023 and other connected matters decided on 19th March, 2024.Date of hearing: 18th December, 2023.
Present: Babar Sattar, J
Abdul Moiz Jafferi and Salman K. Haider, Asad Ladha and Basil Nabi Malik for Appellant (in C.M.A. No.24 of 2021). Mohammad Afzal Awan and Nazima Parveen for Appellant (in F.A.O. No.50 of 2021). Naveed Zafar Khan for Appellant (in F.A.O. No.63 of 2021).
C.M.A. No.125 of 2023 and other connected matters decided on 19th March, 2024.Date of hearing: 18th December, 2023.
Present: Babar Sattar, J
Abdul Moiz Jafferi and Salman K. Haider, Asad Ladha and Basil Nabi Malik for Appellant (in C.M.A. No.24 of 2021). Mohammad Afzal Awan and Nazima Parveen for Appellant (in F.A.O. No.50 of 2021). Naveed Zafar Khan for Appellant (in F.A.O. No.63 of 2021).
Messrs AMAL STEEL through duly Authorized Attorney----Appellant
VS
ANTI-DUMPING APPELLATE TRIBUNAL and 2 others----Respondents
Law:
Section:
Anti-Dumping Duties Act (XIV of 2015)--- ----S. 70 (13)---Appeal---Locus standi---Stranger to proceedings---Condonation of delay---Appellant company was not party to proceedings before authorities nor before Anti-Dumping Appellate Tribunal---Appellant company after the period of limitation had filed appeal before High Court directly---Validity---Stranger to a suit can file appeal if he is aggrieved by decision in suit notwithstanding the fact that he was not a party to the suit---Appellant company had no standing before High Court as it had not availed right to file first appeal before Anti-Dumping Appellate Tribunal or where such appeal was dismissed on grounds of limitation---Affording such right to appellant company would render redundant the period of limitation prescribed by Anti-Dumping Duties Act, 2015 for the purposes of filing an appeal before Anti-Dumping Appellate Tribunal---Any party then could choose not to file appeal before Anti-Dumping Appellate Tribunal in the event that period of limitation had passed and would come to High Court which was second appellate forum, to avail their first right of appeal---Scheme of Anti-Dumping Duties Act, 2015 did not permit the same---Party who did not timely avail right of appeal before Anti-Dumping Appellate Tribunal could not be entertained by High Court by stepping into the shoes of First Appellate Court---Scope of appeal before High Court as second appellate forum was much more limited---High Court declined to become an instrument in altering adjudicatory scheme prescribed by Anti-Dumping Duties Act, 2015, creating Anti-Dumping Appellate Tribunal as the primary appellate forum----Appeals were dismissed, in circumstances. Mohammad Ashraf and others v. UBL and others 2019 SCMR 1004; M/s. Spirit Industries (Pvt.) Ltd. through authorized representative v. National Tariff Commission, Islamabad and 2 others 2021 PTD 647; M/s. Al-Ahad Steel v. National Tariff Commission and others (C.M.A. No.64/2023); Khushi Mohammad through LRs. and others v. Mst. Fazal Bibi and others PLD 2016 SC 872; Taufiq Asif v. General (Retd.) Pervez Musharaf and others (Civil Petition No.3797 of 2020); Mohammad Hussain v. Walayat Shah PLD…
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