VidhiSangh

Supreme Court of India · 01/09/2020

THE DESIGNATED AUTHORITY AND ORS. versus M/S. THE ANDHRA PETROCHEMICALS LIMITED

[2020] 7 S.C.R. 1158 · 2020 INSC 526

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Summary

The Court set aside High Court orders directing a particular anti-dumping investigation and initiating contempt, and removed the direction to replace the Designated Authority. Seeking updated data complied with the prescribed investigation process and was not arbitrary. Anti-dumping investigations operate within strict timelines, and stale data cannot ordinarily support a levy for later periods. Judicial review remains available but should not become continuous supervision of the authority’s technical investigation.

Issues

  1. Whether requiring updated investigation data disobeyed the remand directions.
  2. Whether contempt proceedings and replacement of the Designated Authority were justified.
  3. What limits govern judicial intervention in an ongoing anti-dumping investigation.

Provisions considered

Held

Result

Appeals allowed without costs. Orders dated 28 August 2018 and 22 July 2019 set aside; the 5 August 2019 order set aside insofar as it directed replacement of the incumbent Designated Authority.

Judgment PDF: Supreme Court of India, [2020] 7 S.C.R. 1158.