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Flipkart Internet Private Limited vs Competition Commission Of India on 9 August, 2021

Bench: Chief Justice, Vineet Saran, Surya Kant

                                                      1

     ITEM NO.27                   Court 1 (Video Conferencing)               SECTION IV­A

                                 S U P R E M E C O U R T O F       I N D I A
                                         RECORD OF PROCEEDINGS

                         Petition for Special Leave to Appeal (C)    No.11558/2021

     (Arising out of impugned final judgment and order dated 23­07­2021
     in WA No. 562/2021 passed by the High Court of Karnataka at
     Bengaluru)

     FLIPKART               INTERNET   PRIVATE LIMITED                    Petitioner(s)

                                                     VERSUS

     COMPETITION COMMISSION OF INDIA & ORS.                               Respondent(s)

     (FOR ADMISSION and I.R. and IA No.88885/2021­PERMISSION TO PLACE ON
     RECORD SUBSEQUENT FACTS, IA No.88882/2021­PERMISSION TO FILE
     ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No.89074/2021­PERMISSION
     TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA NO.94833/2021­
     APPLN. TO BRING SUBSEQUENT FACTS/DOCUMENTS ON RECORD & IA
     NO.94840/2021­APPLN. SEEKING PERMISSION TO FILE ADDL. DOCUMENTS
     ALONG WITH ANNEXURES)

     WITH
     SLP(C) No. 11615/2021 (IV­A)
     (FOR ADMISSION and I.R. and IA No.89653/2021­EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.89656/2021­EXEMPTION FROM
     FILING AFFIDAVIT and IA No.90038/2021­EXEMPTION FROM FILING
     AFFIDAVIT and IA No.89654/2021­PERMISSION TO FILE LENGTHY LIST OF
     DATES   and   IA   No.89657/2021­PERMISSION  TO  FILE   ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES and IA No.90035/2021­PERMISSION TO FILE
     ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

     Date : 09­08­2021 These petitions were called on for hearing today.

     CORAM :
                           HON'BLE THE CHIEF JUSTICE
                           HON'BLE MR. JUSTICE VINEET SARAN
                           HON'BLE MR. JUSTICE SURYA KANT

     For Petitioner(s)
Signature Not Verified
                                       Mr.   Gopal Subramanium, Sr.Adv.
Digitally signed by
Vishal Anand
                                       Mr.   Sajan Poovayya, Sr.Adv.
Date: 2021.08.09
17:31:18 IST
Reason:
                                       Mr.   Anand S. Pathak, Adv.
                                       Mr.   Amit K. Mishra, Adv.
                                       Mr.   Shashank Gautam, Adv.
                                       Mr.   Shashank Manish, AOR
                                       Ms.   Sreemoyee Deb, Adv.
                                   2

                    Ms.   Smriti Shah, Adv.
                    Ms.   Anubhuti Mishra, Adv.
                    Mr.   Nikhil Joy, Adv.
                    Ms.   Nidhi Sahay, Adv.
                    Ms.   Gunjan Richharia, Adv.
                    Mr.   Pavan Bhushan, Adv.
                    Ms.   Ujwala Uppaluri, Adv.
                    Mr.   Pratibhanu Singh Karola, Adv.
                    Ms.   Raksha Agarwal, Adv.

                    Dr.   Abhishek Manu Singhvi, Sr.Adv.
                    Ms.   Pallavi Shroff, Adv.
                    Ms.   Shweta Shroff, Adv.
                    Ms.   Manika Brar, Adv.
                    Mr.   Aashish Gupta, Adv.
                    Mr.   Yaman Verma, Adv.
                    Mr.   Chaitanya Safaya, Adv.
                    Ms.   Neetu Ahlawat, Adv.
                    Ms.   Nandita Chauhan, Adv.
                    Mr.   Shivang Singh, Adv.
                    Mr.   Apurv Jain, Adv.
                    Mr.   L.Nidhiram Sharma, Adv.
                    Ms.   Nisha Kaur Uberoi, Adv.
                    Mr.   Gautam Chawla, Adv.
                    Mr.   Akshay Nanda, Adv.
                    Ms.   Shambhvi Sinha, Adv.
                    Ms.   Aditi Khemani, Adv.
                    Ms.   Akrathi Shetty, Adv.
                    Mr.   Ishan Arora, Adv.
                    Mr.   S. S. Shroff, AOR
For Respondent(s)
                    Mr.   Tushar Mehta, SG
                    Ms.   Madhavi Divan, ASG
                    Mr.   Arjun Krishnan, AOR
                    Mr.   Harish B. Narasappa, Adv.
                    Mr.   Ankur Singh, Adv.
                    Mr.   Suhaas R. Shenoy, Adv.
                    Mr.   Shourya Bari, Adv.

                    Mr.   Abir Roy, Adv.
                    Mr.   T. Sundar Ramanathan, AOR
                    Mr.   Gautamaditya Sridhara, Adv.
                    Mr.   Ishaan Chakrabarti, Adv.
                    Mr.   Vivek Pandey, Adv.

          UPON hearing the counsel the Court made the following
                             O R D E R

The Court is convened through Video Conferencing.

Having heard Mr. Gopal Subramanium, learned Senior counsel appearing for the petitioner in Special Leave Petition (Civil) No.11615/2021, Dr. A.M. Singhvi, learned Senior counsel appearing for the petitioner in Special Leave Petition (Civil) No.11558 of 2021, learned Solicitor General appearing for the Respondent – Competition Commission of India and carefully perusing the material available on record, we see no reason to interfere with the impugned orders passed by the High Court of Karnataka dismissing the Writ Appeals of the petitioners.

The Special Leave Petitions are, accordingly, dismissed. At this stage, Dr. A.M. Singhvi, learned Senior counsel submits that time to reply to the notice issued by the Office of the Director General, Competition Commission of India is going to expire on 9­8­2021 and prays for extension of time.

Taking into consideration the request made by the learned Senior counsel, time to reply to the notice is extended by a further period of four weeks from today.

It is made clear that no further extension of time would be granted for the purpose.

Consequent upon dismissal of the Special Leave Petitions, all the pending applications filed in the matters also stand disposed of.

  (VISHAL ANAND)                                                  (R.S. NARAYANAN)
ASTT. REGISTRAR­cum­PS                                           COURT MASTER (NSH)