Madras High Court
Nissan Motors India Private Limited ... vs The Competition Commission Of India ... on 6 August, 2014
Bench: Satish K.Agnihotri, M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2014
CORAM:
THE HONOURABLE MR.JUSTICE SATISH K.AGNIHOTRI
AND
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
W.A. No. 1021 of 2014
...
Nissan Motors India Private Limited (NMIPL)
through its Authorised Signatory,
ASV Ramana Towers,
37 & 38 Venkatnarayana Road,
T. Nagar, Chennai.17. ...Appellant
Vs.
1. The Competition Commission of India (CCI),
The Hindustan Times House,
18-20 Kasturba Gandhi Marg,
New Delhi.
2. The Director General (DG),
Competition Commission of India,
B-Wing, HUDCO Vishala,
14 Bhikajicama Place,
New Delhi 110 066.
3. Shamsher Kataria (Informant) ... Respondents
Writ Appeal filed against the common order dated 30.6.2014 in W.P.No. 26488 of 2013 .
For Appellant : Mr. P.S. Raman
Sr. Counsel
for
Mr. Anirudhkrishnan
For Respondents : Mr. G. Rajagopalan
Addl. Solicitor General of India
Assisted by
Mr. P. Mahaadevan - R1
JUDGMENT
The instant appeal arises from the order dated 30.6.2014 in W.P.No. 26488 of 2013 wherein, the challenge made by the appellant herein is as follows:-
to issue a writ of prohibition prohibiting the respondents from continuing the proceedings in case No.03/2011 in file No.1(3)/2011-Sectt dated 26.4.2011 as being illegal, unconstitutional and violative of the provisions of the competition Act, 2002.
2. On consideration of the arguments advanced by the learned counsel for the parties and on careful perusal of the order sought to be impugned in this appeal, it is found that the learned single Judge, without deciding the issue raised before him, has dismissed the writ petition on the ground of availability of statutory remedy under the provisions of 53 (B) of the Competition Act, 2002 (herein after referred to as 'The Act') . Section 53(B) of the Act reads as under:-
53-B Appeal to Appellate Tribunal (1) The Central Government or the State Government or a local authority or enterprise or any person, aggrieved by any direction, decision or order referred to in clause (a) of Section 53-A may prefer an appeal to the Appellate Tribunal.
3. On a plain reading of the provisions of Section 53-B of the Act and as also fairly submitted by both parties, it is clear that no appeal remedy is available under the said provisions against the proceedings dated 26.4.2011 and 4.5.2011, which are the subject matters in the writ petition.
4. Thus we set aside the order dated 30.6.2014 and hold that no statutory appeal is accordingly available under the provisions of the Act and remand the matter to the learned single Judge to consider the case on merit. We make it clear that we are not making any observation on any of the issue raised by the petitioner or under consideration in the writ petition.
(S.K.A.J.,) (M.M.S.J.,) 06.08.2014 ra Index: Yes/No Note: Registry is directed to post the writ petition before the appropriate Bench at the earliest.
To
1. The Competition Commission of India (CCI), The Hindustan Times House, 18-20 Kasturba Gandhi Marg, New Delhi.
2. The Director General (DG), Competition Commission of India, B-Wing, HUDCO Vishala, 14 Bhikajicama Place, New Delhi 110 066.
SATISH K.AGNIHOTRI,J., and
M.M.SUNDRESH,J.,
ra
W.A.No. 1021 of 2014
Date: 06.08.2014