ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-2503 of 2020

Alongwith

C.Ps. No.D-2611, 2543 & 2544 of 2020

___________________________________________________________                                        Date                            Order with signature of Judge 

___________________________________________________________ 

 

Priority Case:

1.      For order on CMA No.11297/2020.

2.      For hearing of CMA No.11298/2020.

3.      For hearing of main case.

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Friday, 29th May 2020

 

Mr. Imran Iqbal Khan, Advocate for Petitioner in CP No.D-2503/2020.

Mr. Muhammad Adeel Awan, Advocate for Petitioner in CP No.D-2611/2020.

Ms. Mamuna Nasreen, Advocate for Petitioners in CP Nos.2543 and 2544 of 2020.

Mr. Muhammad Khalil Dogar, Advocate for Respondent.

Mr. Muhammad Rashid Arfi, Advocate for Respondent.

Mr. Muhammad Aminullah Siddiqui, Asst. Attorney General.

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            Pursuant to Court’s Notice, Mr. Muhammad Khalil Dogar, Advocate has shown appearance, undertakes to file vakalatnama of Mr. Ghulam Murtaza, Advocate on behalf of the respondent in CP No.D-2503/2020, claims copy of such petition alongwith annexures and requests for time to file comments. Learned Asst. Attorney General also requests for time to seek instructions and to file comments.

            Learned counsel for the petitioner, however, submits that instant petition can be disposed of in terms of order dated 08.10.2019 passed by this Court in C.P. No.D-3615/2018 and others, copy of which has been placed on record.

            Learned counsel for the respondents as well as learned Asst. Attorney General do not oppose such disposal of instant petitions in the aforesaid terms.

            Accordingly, by consent, instant petitions are being disposed of in the following manner: -

(i)                Petitioner(s) shall approach Anti-Dumping Appellate Tribunal by filing an urgent application alongwith an application for grant of interim relief, if any, with a request to decide either the stay application or the appeal(s) of the petitioner(s) in terms of and as per procedure as provided under section 70 of the Anti-Dumping Duties Act, 2015, after hearing all the parties, in accordance with law; and

(ii)             The Anti-Dumping Appellate Tribunal may pass appropriate order on the interlocutory application(s) so filed by the petitioner(s) and/or may decide the appeal(s) filed by the petitioner(s), within the stipulated period as provided under section 70 of the Anti-Dumping Duties Act, 2015. However, in case no order could be passed either on the stay application(s) or on the main appeal(s) by Anti-Dumping Appellate Tribunal within the stipulated period, the respondents may not adopt any coercive measures for seeking enforcement of final determination by National Tariff Commissioner (NTC) till an order is passed either on stay application or in the main appeal(s) of the petitioner(s).

            Instant petitions stand disposed of in the above terms alongwith listed application(s).

J U D G E

J U D G E