Order
1. Amendment allowed.
2. The office report draws our attention to order dated 11-5-2000 in SLPs (C) Nos. 8203-212 of 2000 (Saurashtra Chemicals Ltd. v. Union of India (2000) 118 ELT 305) filed against the judgment and order dated 21-1-2000 of Cegat. In the said order, the SLPs were dismissed with the observations that the orders of the designated authority were recommendatory; that an appeal lay against the determination; and that determination had yet to be made by the Central Government.
3. Mr Chidambaram draws our attention to the appeal which was filed before Cegat. The said appeal was filed not only against the determination of the designated authority but was filed also against the Customs Notification dated 27-10-1998 whereby anti-dumping duty was imposed. This aspect was apparently not brought to the notice of this Court when it passed the order dated 11-5-2000 (2000) 118 ELT 305 and the order of Cegat itself does not refer to the Customs Notification dated 27-10-1998 and that is why, probably, the Court was led to believe that the appeal had been filed before the issuance of the notification of determination.
4. It is clear from the facts brought to our notice that determination as contemplated by Rule 18 had taken place with the issuance of the Notification dated 27-10-1998 and, therefore, an appeal under Section 9-C would be maintainable to Cegat.
5. Issue notice returnable after four weeks. Dasti service, in addition, is permitted.
Court Masters