Madras HC asks Centre not to issue any notification against Hyundai

The Madras High Court has asked the Government of India not to issue any notification against the Korean auto major Hyundai in a case related to anti-dumping duty.

The order, which was passed on February 27, 2015, on a petition filed by Hyundai, which sought the Court to terminate the investigation in connection with imposition of anti-dumping duty on import of cast aluminium alloy wheels originating in or exported from China, South Korea and Thailand.

During his argument Senior Counsel P S Raman, who appeared for Hyundai, pointed out mainly two infirmities in respect of the findings rendered by the designated authority. Firstly that the second extension for final decision was granted by the Central Government only on April 30, 2014, after the expiry of first extension dated March 19, 2014 without recording reasons as required under the provisions of law.

Secondly, the company was informed by email dated May 29, 2014, which was received late in the evening, to attend personal hearing on May 30, 2014, affording virtually no opportunity of personal hearing, as the time granted was so short making it impossible for the appellant to attend the personal hearing in New Delhi from Chennai.

The senior Counsel appearing for the Government argued that the appellant had an opportunity to file written arguments and the opportunity granted for personal hearing was sufficient and reasonable and as such, the appellant has no reason to raise the grievance of non-compliance of principles of natural justice.

Raman pointed out that an identical issue came up for consideration, wherein, pursuant to the notice dated May 29, 2014, hearing was proposed to be held on May 30, 2014. The High Court of Delhi, has directed the Central Government not to issue a notification. However, it was kept open to the Central Government to take a decision in the matter.

After hearing both the sides, a bench consisting of Justice Satish K Agnihotri and Justice M Venugopal have said: "We have examined the case and are of prima facie view that no reasonable opportunity for personal hearing pursuant to the email dated 29.05.2014 was afforded and the written arguments cannot be a substitute of the personal hearing. In view of that, we deem it fit and proper to direct the Central Government not to issue a notification till the next date of hearing. The respondents, as requested, are granted three weeks' time to file reply affidavit, if any. Thereafter, a week's time is granted to the appellant to file rejoinder, if necessary"."