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A&A PIPE INDUSTRIES vs FEDERATION OF PAKISTAN Ss — 2024 PTD 1051 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PTD 1051 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PTD
Parties
A&A PIPE INDUSTRIES vs FEDERATION OF PAKISTAN Ss
Subject matter
Constitutional
Provisions referred to
S. 70; S. 64; S. 39; Anti-Dumping Duties Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

A&A PIPE INDUSTRIES VS FEDERATION OF PAKISTAN Ss.39, 64 & 70---Constitution of Pakistan, Art. 199---Constitutional petition---Anti-Dumping Duties---Determination---Alternate and efficacious remedy---Factual controversy---Petitioners / companies assailed order of National Tariff Commission deciding to continue definitive Anti-Dumping Duties for another period of five years---Validity---Provision of S. 70 of Anti-Dumping Duties Act, 2015, is an exhaustive provision, which does not only provide substantive right of appeal and time limitation for preferring and decision of the same but it also lays down procedural requirements for carrying out whole appellate procedure---Comprehensive scheme of exercising Appellate Jurisdiction by Appellate Tribunal constituted under S.64 of Anti-Dumping Duties Act, 2015, has been provided in law against appeal preferred by an interested party either against initiation of investigation, preliminary determination or final determination and also provides limitation---It also provides procedure for hearing the same including chalking out requirements for a decision of Tribunal---Substantive right of appeal against decision of Appellate Tribunal to High Court has been laid down in S.70(13) of Anti-Dumping Duties Act, 2015---This whole scheme of remedial procedure is clearly suggestive of the fact that a Determination even though a Final Determination under S. 39 of Anti-Dumping Duties Act, 2015, is not absolute and is open for scrutiny before Appellate Tribunal if any interested party, dissatisfied with the same, prefers an appeal before it---High Court declined to interfere in the matter as adequate alternate remedy of appeal was available---Constitutional petition was dismissed, in circumstances.

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