SUPREME COURT OF INDIA

Before:- R.C. Lahoti, C.J., N. Santosh Hegde and G.P. Mathur, JJ.

SLP (C) No. 11061 of 2005 dated 21.04.200 in DBCWP No. 548 of 2005 of the High Court of Rajasthan at Jodhpur. D/d. 13.5.2005.

J.K. Industries Ltd. - Petitioner

Versus

Union of India & Ors. - Respondent

For the Petitioner :- Harish N. Salve, Senior Advocate (Sharad Bansali, Jatinder Singh, Ms. Meenakshi Arora and Ms. Priya Rao), Advocates.

For the Respondent :- Mukul Rohtagi, Senior Advocate (G. Umapathy, Krishna Venugopal, Rakesh K. Sharma, S. Gowthaman, Ms. Pareena Swarup, Amit SIngh and N.K. Verma, Advocates.

Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, Rule 17 - Maintainability of SLP - Alternative remedy - Appeal statutorily provided under Rules - SLP not maintainable.

[Paras 1 and 2]

JUDGMENT

R.C. Lahoti, C.J., N. Santosh Hegde and G.P. Mathur, JJ. - It is conceded at the Bar that the final finding, followed by a notification, under Rule 17 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 has come and the remedy of the petitioner would be to file an appeal thereagainst which is statutorily provided. We are, therefore, not inclined to entertain this petition. The special leave petition is dismissed.

2. However, we clarify that the following observations made in the impugned judgment by the Division Bench of the High Court - "investigation by Designated Authority is in aid of legislative function" - shall not come in the way of the hearing by the Appellate Authority or of any judicial review sought for thereafter by either party.

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