SOHAIL & COMPANY vs ANTI-DUMPING APPELLATE TRIBUNAL, ISLAMABAD Ss — 2024 PTD 872 ISLAMABAD

Case information

Citation: 2024 PTD 872 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: PTD
Parties: SOHAIL & COMPANY vs ANTI-DUMPING APPELLATE TRIBUNAL, ISLAMABAD Ss
Subject matter: Civil
Provisions referred to: S. 12; S. 70; Civil Procedure Code (V of 1908); 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

SOHAIL & COMPANY VS ANTI-DUMPING APPELLATE TRIBUNAL, ISLAMABAD Ss.36, 39 & 70---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Misrepresentation and fraud---Petitioner / importer was aggrieved of judgment passed by Tribunal referring the matter to National Tariff Commission for de novo determination---Application filed under S.12(2), C.P.C. was dismissed---Validity---Any such decision could not be allowed to remain in field, if it was procured without impleading a party whose rights were involved and such party had been injured---Such party was entitled to file an application under S.12(2), C.P.C.---High Court in exercise of Constitutional jurisdiction declined to interfere in the matter as petitioner / importer had an alternate remedy in terms of S. 70 of Anti-Dumping Duties Act, 2015, whereby appeal to Tribunal was provided---Petitioner in fact had availed such remedy---Constitutional petition was dismissed, in circumstances.

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