UNION OF INDIA vs ESSILORLUXOTTICA ASIA PACIFIC PTE LTD. AND ORS.

Judgment text excerpt

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 22nd September, 2025 + W.P.(C) 14723/2025, CM APPL. 60452/2025 & CM APPL. 60453/2025 UNION OF INDIA .....Petitioner Through: Mr. N Venkataraman, ASG, Mr. Aditya Singla, SSC for CVIC, Ms. Anushree Narain, SSC for CBIC with Mr. Ritwik Saha, Mr. Chandrashekhar Bharati, Mr. Shivshankar G, Mr. Nakul Madhan, Mr. Abhishekie R, Advs. versus ESSILORLUXOTTICA ASIA PACIFIC PTE LTD. AND ORS. .....Respondents Through: Ms. Charanya Lakshmikumaran, Mr. Yogendra Aldak, Mr. Devindra Bagia, Mr. Ankur Sharma & Mr. Agrim Arora, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition challenges the interim order No. 5.2025 dated 26th August, 2025 (hereinafter, ‘the interim order’) passed by the Customs, Excise & Service Tax Appellate Tribunal, Principal Bench, New Delhi (hereinafter, ‘CESTAT’)in Anti-Dumping Appeal No. AD/53193/2023. 3. The proceedings before CESTAT arise out of the Anti-Dumping Duty which was recommended by the designated authority in respect of imports of Signature Not Verified Signed By:SUNITA W.P.(C) 14723/2025 Page 1 of 8 KUMARI Signing Date:23.09.2025 11:27:57 semi-finished ophthalmic lenses (hereinafter,‘PUC’), originating from China,PR. 4. After the recommendations of the designated authority dated 29th September, 2022, the Central Government had issued a notification dated 27th December, 2022, imposing definitive Anti-Dumping Duty for a period of 5 years. 5. Various appeals were filed before the CESTAT, challenging both, the determination by the designated authority, as also the order of the Central Government notifying the said Anti-Dumping Duty. The said appeals were pending before CESTAT and du