SHAHEEN MERCHANT vs FEDERATION OF PAKISTAN/NATIONAL TARIFF COMMISSION Ss

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SHAHEEN MERCHANT VS FEDERATION OF PAKISTAN/NATIONAL TARIFF COMMISSION Ss.70, 39 & 51---Constitution of Pakistan, Arts. 37(d) & 199 --- National Tariff Commission Act (XII of 2015), S. 3- --- Constitutional jurisdiction of High Court --- Imposition and collection of Anti-Dumping Duties---Final Determination by National Tariff Commission ("NTC")---Appellate Procedures under the Anti-Dumping Duties Act, 2015---Mandatory nature of statutory time-bound mechanism of adjudication of appeals under Anti-Dumping Duties Act, 2015---Implementation of Final Determination of NTC pending appeal under S.70 of Anti-Dumping Duties Act, 2015---Scope---Petitioner, against whom NTC being regulator, took action under Anti-Dumping Duties Act, 2015, filed appeal against "final determination" made against it by NTC under S.70 of Anti-Dumping Duties Act, 2015---Petitioner sought that direction be given to Anti-Dumping Duties Appellate Tribunal to decide pending appeal of petitioner within statutory time-frame and further sought to restrain the NTC / regulator from implementing its final determination (imposition of duties on petitioner) until such time that pending appeal was decided---Validity---Perusal of S. 70 of Anti-Dumping Duties Act, 2015 revealed that time was essence of appellate procedures under the said Act, and Tribunal was a time-specific forum with time-bound mandate to decide appeals within given time of 45 days, with day-to-day hearings and use of word "shall" made such time-bound provisions mandatory---While no consequences for non-adherence or deviation from prescribed statutory time-period were provided in S.70 of said Act, however, non-mentioning of consequences in failure to observe time-frame did not render such provisions or requirements as ineffective or non-est, and same remained substantive part of the Legislation---Petitioner had not averted availing remedy under S.70 of Anti-Dumping Duties Act, 2015 and was awaiting decision of Appellate Tribunal therefore contention of non-maintainability of Constitutional petition due to availability of alternative remedy was not tenable as petitioner only sought direction to Appellate Tribunal regarding decision on petitioner's pending appeal and that its interests must not be pre-judged by implementing final determination against petitioner while appeal was pending---Final determination of the NTC / Regulator was not in fact final and ultimate when appeal thereagainst was preferred by petitioner as Appellate Tribunal could either set at naught the said determination or affirm it---Since the statute had provided specific remedies of appeal to petitioner against final determination by NTC and additionally another right of appeal was available to petitioner against decision of Appellate Tribunal, therefore final determination could not be given effect as doing so would frustrate appellate procedure under Anti-Dumping Duties Act, 2015---High Court directed Appellate Tribunal under Anti-Dumping Duties Act, 2015 to decide pending appeal of petitioner in accordance with law within period of two months and further to decide application of petitioner for grant of stay / restraining order against final determination, in terms of proviso to S.51(1)(c) of Anti-Dumping Duties Act, 2015 within a period of two weeks---Constitutional petition was disposed of ,accordingly.

SHAHEEN MERCHANT vs FEDERATION OF PAKISTAN/NATIONAL TARIFF COMMISSION Ss — 2021 PTD 2126 LAHORE-HIGH-COURT-LAHORE

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