| Case ID |
0f4e45b3-e91c-4a82-a73d-ddfd53b081c9 |
| Body |
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| Case Number |
Suit No. 2016 of 2015 |
| Decision Date |
Feb 04, 2016 |
| Hearing Date |
Feb 04, 2016 |
| Decision |
The Sindh High Court dismissed the application for a temporary injunction sought by the plaintiff, ELLECOT SPINNING MILLS LTD., who challenged the Anti-Dumping Duty imposed under the Anti Dumping Duties Ordinance, 2015. The court found that the plaintiff had no vested rights in the matter as the investigation regarding the imposition of the Anti-Dumping Duty was initiated before the establishment of the Letter of Credit. The court emphasized that the Anti-Dumping Duty was validly imposed following the investigation that involved responses from multiple exporters and producers. The court also ruled that the interveners were proper parties to the case, allowing their participation to facilitate fair adjudication. The court ordered the release of the consignment upon furnishing of post-dated cheques for the disputed amount, underscoring the importance of protecting local industries against unfair trade practices. |
| Summary |
The case of ELLECOT SPINNING MILLS LTD. vs. FEDERATION OF PAKISTAN revolves around the imposition of Anti-Dumping Duties under the Anti Dumping Duties Ordinance, 2015. The plaintiff contested the validity of the preliminary determination of Anti-Dumping Duties on the basis that they had entered into a binding contract via a Letter of Credit for the importation of Polyester Staple Fiber. However, the court found that the investigation regarding the imposition of such duties began prior to the establishment of the Letter of Credit, thus negating claims of vested rights. The High Court's decision highlights the importance of the Anti-Dumping Duties Ordinance in protecting local industries from the adverse effects of dumping by foreign producers. The ruling reinforces that the presence of interveners in such cases is essential for a fair adjudication process. This case is significant for stakeholders in trade and commerce, particularly in industries affected by international pricing strategies. |
| Court |
Sindh High Court
|
| Entities Involved |
National Tariff Commission,
Plaintiff,
Defendants No. 2,
Defendants Nos. 5
|
| Judges |
Muhammad Junaid Ghaffar
|
| Lawyers |
Muhammad Anas Makhdoom,
Waqas,
Ameen Abbasi,
Kafeel Ahmed Abbasi,
Salman Zaheer
|
| Petitioners |
ELLECOT SPINNING MILLS LTD.
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Ministry of Trade and Commerce, Islamabad and 6 others
|
| Citations |
2016 SLD 727,
2016 PTD 1334
|
| Other Citations |
1986 SCMR 1917,
2013 PTD 1568,
2009 SCMR 973,
PLD 2001 Kar. 85,
PLD 1975 SC 463,
1982 CLC 590,
PLD 2013 Sindh 357
|
| Laws Involved |
Anti Dumping Duties Ordinance, 2015,
Customs Act, 1969
|
| Sections |
37,
23,
2(d),
2(j)(v),
31A
|