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2005 DIGILAW 1064 (SC)

J. K. Industries Ltd. v. Union of India

2005-05-13

G.P.MATHUR, N.SANTOSH HEGDE, R.C.LAHOTI

body2005
JUDGMENT : R.C. Lahoti, CJI., N. Santosh Hegde, G.P. Mathur, JJ. It is conceded at the Bar that the final finding, followed by a notification, under Rule 17 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 has come and the remedy of the petitioner would be to file an appeal thereagainst which is statutorily provided. We are, therefore, not inclined to entertain this petition. The special leave petition is dismissed. 2. However, we clarify that the following observations made in the impugned judgment by the Division Bench of the High Court - "investigation by Designated Authority is in aid of legislative function" - shall not come in the way of the hearing by the Appellate Authority or of any judicial review sought for thereafter by either party.