ASHFAQ BROTHERS vs ANTI-DUMPING APPELLATE TRIBUNAL OF PAKISTAN S — 2024 PTD 1227 LAHORE-HIGH-COURT-LAHORE

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ASHFAQ BROTHERS VS ANTI-DUMPING APPELLATE TRIBUNAL OF PAKISTAN S. 70 (13)---Orders passed by the Anti-Dumping Appellate Tribunal (Islamabad), assailing of---Lahore High Court, territorial jurisdiction of---Scope---Appellants were Importers of various commodities subjected to duties under the Anti-Dumping Duties Act, 2015 ('the Act 2015')---Appellants preferred appeal, before the Lahore High Court, against orders passed by the Anti-Dumping Appellate Tribunal, situated at Islamabad ("Appellate Tribunal")---Contention of the appellants was that since the "Appellate Tribunal" was performing functions in connection with affairs of the Federation, so appeal could be adjudicated by any of the High Courts against its decision while it was negligence on the part of the Federation that it failed to establish Benches at Lahore, Karachi, Quetta and Peshawar and the appellants could not be penalized on that score---Plea of the official respondents was that decision of the "Appellate Tribunal" could only be assailed before the Islamabad High Court and that not only order in original, but order in appeal were passed at Islamabad---Validity---Decision of the "Appellate Tribunal" is appealable under subsection (13) of S. 70 of the Act 2015, and it is evident from (the wordings of) said S. 70(13) that an appeal against the decision of the "Appellate Tribunal" lies before the High Court---However the term "High Court" is nowhere defined in the Act 2015---"Appellate Tribunal" is performing functions in connection with the affairs of the Federation---Admittedly, in the present case, initially investigation was started at Islamabad, which resulted into passing of order in original; the said order was assailed through an appeal before the "Appellate Tribunal" under Ss. 70(1)(2) & 70 of the Act 2015", which decided the same through impugned order---Thus, the word "High Court" used in subsection (13) of S. 70 of the Act 2015 corresponded to Islamabad High Court and, as such, the Lahore High Court lacked territorial jurisdiction to ponder upon the decision of the "Appellate Tribunal"---Resultantly, all the appeals were returned to the appellants to present the same to the Court of competent jurisdiction---Appeals were disposed of accordingly.

ASHFAQ BROTHERS vs ANTI-DUMPING APPELLATE TRIBUNAL OF PAKISTAN S — 2024 PTD 1227 LAHORE-HIGH-COURT-LAHORE

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