Gauhati High Court
The Competition Commission Of India And ... vs Star Cement Ltd on 19 November, 2024
Page No.# 1/3
GAHC010214842024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/366/2024
1.THE COMPETITION COMMISSION OF INDIA AND 2 ORS
9th FLOOR, OFFICE BLOCK 1, KIDWAL NAGAR (EAST), OPP. RING ROAD,
NEW DELHI 110023
2: DIRECTOR GENERAL
CCI B WINGHUDCO VISHALA
14 BHIKAJI CAMA PLACE NEW DELHI- 110066
3: JOINT DIRECTOR GENERAL
CCI B WING HUDCO VISHALA
14 BHIKAJI CAMA PLACE NEW DELHI- 11006
VERSUS
STAR CEMENT LTD
(FORMERLY KNOWN AS CEMENT MANUFACTURING CO LTD) A CO
INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956
AND HAVING ITS OFFICE SITUATED AT MAYUR GARDEN, 2ND FLOOR,
OPP RAJIV BHAWAN, G S ROAD, GUWAHATI- 781005, ASSAM.
Linked Case : WA/367/2024
1.THE COMPETITION COMMISSION OF INDIA AND 2 ORS
9th FLOOR OFFICE BLOCK 1 KIDWAL NAGAR (EAST)
OPP. RING ROAD NEW DELHI 110023
2: DIRECTOR GENERAL
CCI B WING HUDCO VISHALA
14 BHIKAJI CAMA PLACE NEW DELHI- 110066
3: JOINT DIRECTOR GENERAL
CCI B WING HUDCO VISHALA
14 BHIKAJI CAMA PLACE NEW DELHI- 110066
VERSUS
Page No.# 2/3
1.STAR CEMENT LTD AND 2 ORS
(FORMERLY KNOWN AS CEMENT MANUFACTURING CO LTD) A CO
INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT
1956 AND HAVING ITS OFFICE SITUATED AT MAYUR GARDEN
2ND FLOOR OPP RAJIV BHAWAN G S ROAD GUWAHATI- 781005 ASSAM
2:ASSAM REAL ESTATE AND INFRASTRUCTURE DEVELOPERS
ASSOCIATIONLANDMARK BUILDING GROUND FLOOR M G ROAD
MACHKHOWA GUWAHATI- 781009
3:COMMISSSIONER AND SECRETARY
DEPTT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS
GOVT OF ASSAM ASSAM SECRETARIAT DISPUR GHY- 781006
For the Appellant(s) : Mr. N. Venkataraman, ASGI (through Video Conferencing)
: Mr. D. Das, Advocate.
: Ms. D. Gupta, Advocate.
: Mr. M. Bharali, Advocate.
For the Respondent(s) : Dr. A. Saraf, Senior Advocate assisted by Mr. N.N. Dutta,
Advocate for respondent No.1.
: Mr. D.K. Sarmah, Additional Senior Government Advocate, Assam for respondent No.3 in WA No.367/2024.
- BEFORE -
HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 19.11.2024 (Vijay Bishnoi, CJ) Mr. N. Venkataraman, learned ASGI appearing for the appellants has submitted that vide impugned order dated 30.08.2024 passed in WP(C) No.6342/2018 and WP(C) No.6343/2018, the learned Single Judge has interfered with the order passed by the Competition Commission India under Section 26(1) of the Competition Act, 2002 (in short, the Act of 2002).
It is submitted that the learned Single Judge has wrongly observed that prima facie satisfaction has not been recorded by the Competition Commission while referring the matter to the Director General under Section 26(1) of the Act Page No.# 3/3 of 2002.
Learned counsel for the appellants has submitted that the learned Single has exceeded jurisdiction while exercising powers under Article 226 of the Constitution of India.
Having heard the learned counsel appearing for the appellants, we are of the view that the matter requires consideration.
Hence, issue notice.
Mr. A. Saraf, learned senior counsel puts in appearance on behalf of sole respondent in WA No.366/2024 and respondent No.1 in WA No.367/2024. Hence, no formal steps need be taken in respect of respondent No.1 in both the writ appeals.
Mr. D.K. Sarmah, learned Additional Senior Government Advocate, Assam has appeared and accepted notice on behalf of respondent No.3 in WA No.367/2024.
Let notice be issued to respondent No.2 in WA No.367/2024 only.
Appellants to take steps for service of notice upon the respondent No.2 in WA No.367/2024 by registered post with A/D within a period of one week.
The notice is made returnable on 27.01.2025.
By that time, the respondents may file their response to the writ appeals.
List these matters again on 27.01.2025.
JUDGE CHIEF JUSTICE Comparing Assistant