Delhi High Court - Orders
Ms Extreme Infocom Pvt Ltd vs Competition Of Commission Of India & Anr on 24 May, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7181/2023 & CM APPLs. 27965/2023, 27966/2023
MS EXTREME INFOCOM PVT LTD. ..... Petitioner
Through: Mr. Anant N. Haksar, Sr. Advocate
with, Mr. Saurabh Suman Sinha, &
Ms. Chitra Y. Parande, Advocates.
(M: 9810945248)
versus
COMPETITION OF COMMISSION
OF INDIA & ANR. ..... Respondents
Through: Mr. Sunil Dalal, Sr. Advocate with
Mr. Dushyant K. Mahant, Ms.
Manisha Saroha, Mr. Navish Bhati,
Advocates for R-1.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 24.05.2023
1. This hearing has been done through hybrid mode. CM APPL. 27966/2023(for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C)-7181/2023 & CM APPL. 27965/2023 (for interim direction)
3. The present Petition has ben filed by the Petitioner- M/s Extreme Infocom Ltd. seeking a direction to be issued to Respondent No. 2- National Internet Exchange of India (NIXI) to cease the supply of free of cost exchange services to customers in India. The Petitioner has approached this Court seeking directions against the Competition Commission of India (CCI) on the ground that the complaint filed by the Petitioner against National Internet Exchange of India (NIXI) is not being listed due to lack of 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 25/09/2023 at 02:42:48 quorum. As an alternate prayer, the Petitioner seeks a direction to be issued to Respondent No. 1- Competition Commission of India to expeditiously take up the interim relief application made by the Petitioner.
4. Mr. Haksar, ld. Sr. Counsel appearing for the Petitioners, thus, prays that the CCI could take up the matter and also consider the application for interim relief.
5. On behalf of the CCI, it is submitted by Mr. Dalal, ld. Sr. Counsel that the CCI has already taken cognizance of the complaint and has issued notice to NIXI on 16th May, 2023. Ld. Sr. Counsel submits that NIXI has been called upon to file a reply and pleadings have to be completed. Immediately, thereafter, the matter shall be listed for hearing before the CCI. In any case, he submits that the Chairperson of the CCI has also been appointed in the meantime.
6. In view of the fact that the CCI has already issued notice in the Complaint and called for filing of pleadings, it is directed that after the pleadings are completed, an early date shall be fixed for the hearing of the interim application filed by the complainant. Thereafter the CCI shall proceed in accordance with law. No further orders are called for.
7. The petition, along with all pending applications, is disposed of.
8. It is made clear that this Court has not gone into the merits of the case.
PRATHIBA M. SINGH, J.
MAY 24, 2023 dj/am 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 25/09/2023 at 02:42:48