Mr. Rajesh Sharma Mr. Nikhil Sharma, Advs v. UNION OF INDIA ANR

W.P.(C) 13930/2022 & connected matters Page 1 of 6 $~21 to 24, 27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13930/2022 M/S NATIONAL PEROXIDE LIMITED .....Petitioner Through: Mr. Rajesh Sharma & Mr. Nikhil Sharma, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Arunima Dwivedi, CGSC with Mr. Sanyam Bhardwaj, Adv. for UOI. Mr. Anurag Ojha, SSC with Mr. Dipak Raj, Adv. for R-2. 22 WITH + W.P.(C) 15356/2022 M/S ARCH PHARMALABS LIMITED .....Petitioner Through: Mr. Rajesh Sharma & Mr. Nikhil Sharma, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Anju Gupta, SPC, Mr. Bhuvan Goel, Mr. Roshan Lal Goel & Ms. Priti, Adv. 23 WITH + W.P.(C) 3461/2023 &CM APPL. 13357/2023 UNION OF INDIA .....Petitioner Through: Mr. Anurag Ojha, SSC with Mr. Dipak Raj, Adv. for R-2. versus M/S BAJAJ HEALTH CASE LIMITED .....Respondent Through: Mr. Rajesh Sharma & Mr. Nikhil Sharma, Advs. for R-1. 24 WITH + W.P.(C) 6386/2023 GUJARAT POLYFILMS PVT. LTD. .....Petitioner Through: Mr. Yogendra Aldak & Mr. Agrim Arora, Advs. versus GUJARAT STATE FERTILIZERS AND CHEMICALS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 12:14:40 W.P.(C) 13930/2022 & connected matters Page 2 of 6 LTD & ORS. .....Respondents Through: Mr. Rajesh Sharma & Mr. Nikhil Sharma, Advs. for R-1. Dr. B. Ramaswamy, CGSC for R-2. Mr. Anurag Ojha, SSC with Mr. Dipak Raj, Adv. for R-2. 27 AND + W.P.(C) 11724/2023 RABIGH REFINING AND PETROCHEMICAL COMPANY .....Petitioner Through: Mr. Yogendra Aldak & Mr. Agrim Arora, Advs. versus CHEMICAL AND PETROCHEMICALS MANUFACTURERS ASSOCIATION & ORS. .....Respondents Through: Mr. Rajesh Sharma & Mr. Nikhil Sharma, Advs. for R-1. Mr. Anurag Ojha, SSC with Mr. Dipak Raj, Adv. for R-2. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 09.07.2025 1. This hearing has been done through hybrid mode. 2. W.P.(C)s 13930/2022 and 15356/2022 are petitions filed under Article 226 of the Constitution of India by various entities forming part of Domestic Industry, inter alia, seeking to quash the Office Memorandums (hereinafter ‘OM’) issued by the Central Government. 3. W.P.(C)s 3461/2023, 6386/2023, 11724/2023 are writ petitions filed by the Petitioners i.e., Central Government, Domestic Importer and Exporter respectively inter alia seeking to quash the impugned orders passed by CESTAT, New Delhi setting aside various OMs vide which recommendations to impose Anti Dumping Duty (hereinafter ‘ADD’) on certain products was This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 12:14:40 W.P.(C) 13930/2022 & connected matters Page 3 of 6 rejected. 4. The brief background of W.P.(C)s 13930/2022 is that the Petitioner-Domestic Industry had approached the Directorate General of Trade Remedies (hereinafter ‘DGTR’) in the year 2016 seeking imposition of ADD with respect to Hydrogen Peroxide from Bangladesh and Thailand. Pursuant to the initiation of proceedings, the DGTR issued recommendations for the imposition of ADD, which were accepted by the Central Government. Consequently, ADD was imposed on the said product for a period of five years vide Notification No. 28/2017-Customs (ADD) dated 14th June, 2017. At the end of the said period of five years, a sunset review was undertaken in order to examine the effect of the ADD. In this sunset review, the DGTR came to the conclusion that ADD deserves to be continued and accordingly submitted its recommendations. However, the Central Government did not accept the same and consequently issued OM F.No.CBIC-190354/271/2021-TO(TRU-I)-CBEC dated 22nd June, 2022, denying to extend the imposition of ADD. It is this OM that is being challenged vide W.P.(C)s 13930/2022. 5. Insofar as the remaining matters are concerned, they arise from applications filed by entities forming part of Domestic Industry before the DGTR, seeking the imposition of Anti Dumping Duty on various products, as identified in the table below, in terms of the Act and the Customs Tariff Rules, 1995 (hereinafter ‘the Rules’). Pursuant to the said applications, final findings were issued by the DGTR recommending the imposition of ADD on the import of these goods from certain countries. The recommendations for imposition of ADD on the following products originating from specific countries were rejected vide the OMs listed below : This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 12:14:40 W.P.(C) 13930/2022 & connected matters Page 4 of 6 OM Reference Nos. and Dates Product and Countries Concerned Writ Petitions F.No.CBIC-190354/271/2021-TO(TRU-I)-CBEC dated 22nd June, 2022 Hydrogen Peroxide from Bangladesh and Thailand W.P.(C) 13930/2022 F.No. CBIC-190354/265/2022-TRU Section-CBEC dated 20th October 2022 (4R-Cis)-l,l-Dimethylethyl-6-cyanomethyl-2,2-dimethyl-1,3-dioxane-4-acetate also known as ATS-8 from China PR W.P.(C) 15356/2022 F.No.CBIC-190354/221/2021-TO(TRU-I)-CBEC dated 27th October, 2021 Vitamin C from China PR W.P.(C) 3461/2023 F. No. CBIC-190354/247/2021-TO(TRU-I)-CBEC dated 8th December, 2021 Caprolactam from European Union, Korea RP, Russia, and Thailand W.P.(C) 6386/2023 F. No. CBIC-190354/211/2021-TRU Section-CBEC dated 6th June 2022 Low Density Polyethylene from Qatar, Saudi Arabia, Singapore, Thailand, United Arab Emirates and United States of America W.P.(C) 11724/2023 6. However, the Central Government did not accept the said recommendations and ADD was not imposed in the above cases. Some of the said OMs namely - • F.No. CBIC-190354/265/2022-TRU Section-CBEC dated 27th October, 2021 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 12:14:40 W.P.(C) 13930/2022 & connected matters Page 5 of 6 • F. No. CBIC-190354/247/2021-TO(TRU-I)-CBEC dated 8th December, 2021 • F. No. CBIC-190354/211/2021-TRU Section-CBEC dated 6th June 2022 were challenged by the Domestic Industry before CESTAT. The said appeals were allowed and these OMs were set aside vide the impugned orders dated 30th August, 2022 and 19th December, 2022. It is these orders that have been challenged by Petitioners vide W.P.(C) 3461/2023, 6386/2023 and 11724/2023. Whereas the remaining OMs are challenged by the Domestic Industry directly by way of writ petitions which are W.P.(C)s 13930/2022, and 15356/2022. 7. However, today, the Court is informed that the Domestic Industry in all these matters, no longer wish to press for the imposition of ADD. A similar position was also recorded by the Supreme Court in SLP (C) Diary No. 31452/2023 titled Union of India v. Plastic Machinery Manufacturers Association of India through its Director and Ors., vide order dated 9th December, 2024 which reads as under: “It is pointed out by the learned counsel for the petitioner that the domestic industries have given up their right in terms of the recommendation made by the designated authority, as well as, their claims on the basis of the order passed by the Customs, Excise and Service Tax Appellate Tribunal, Principal Bench, New Delhi. In view of the statement made, the special leave petition is dismissed as infructuous.” 8. Since in all these matters, the Domestic Industry does not wish to press the prayer for imposition of ADD, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2025 at 12:14:40 W.P.(C) 13930/2022 & connected matters Page 6 of 6 (i) the recommendations of the DGTR in the Sunset review (ii) the OM issued refusing to impose ADD and (iii) the CESTAT Order dated 27th October, 2021 would not survive and, in fact, shall be rendered infructuous. 9. The stand of the domestic industry is accepted. Accordingly, W.P.(C) 13930/2022, and W.P.(C) 15356/2022 are dismissed as not pressed. 10. W.P.(C) 3461/2023, 6386/2023 and 11724/2023 are rendered infructuous as the respective CESTAT orders itself has been declared to be infructuous. 11. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. JULY 9, 2025 Rahul/Ar.