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Supreme Court - Daily Orders

Nissan Motor India Pvt Ltd vs Competition Commission Of India on 18 July, 2018

     ITEM NO.39                            REGISTRAR COURT. 1               SECTION XVII

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


                                   BEFORE THE REGISTRAR MR. KAPIL MEHTA

     Civil Appeal                 No(s).   951/2017

     NISSAN MOTOR INDIA PVT LTD & ANR.                                  Appellant(s)

                                                      VERSUS

     COMPETITION COMMISSION OF INDIA & ORS.                             Respondent(s)
     WITH
     C.A. No. 1054/2017 (XVII)

     C.A. No. 1222/2017 (XVII)

     C.A. No. 4698-4700/2017 (XVII)


     Date : 18-07-2018 This appeal was called on for hearing today.


     For Appellant(s)
                                      Mr.   Malak Bhatt, Adv.
                                      Mr.   S.S. Shroff, Adv.
                                      Mr.   S. S. Shroff, AOR
                                      Mr.   Pukhrambam Ramesh Kumar, AOR
                                      Ms.   Sayobani Basu, Adv.
                                      Mr.   Mayank Pandey, AOR
                                      Mr.   Arjun Krishnan, AOR

     For Respondent(s)
                                       Mr.   Anurag Tripathi, Adv.
                                       Mr.   Ashok Mathur, AOR
                                       Mr.   Sumit Srivastava, Adv.
                                       Mr.   Arjun Krishnan, AOR
                                       Mr.   Pukhrambam Ramesh Kumar, AOR
                                       Mr.   Mayank Pandey, AOR


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

C.A. No.951/2017 Signature Not Verified Respondent No.1 has already filed counter affidavit. Digitally signed by RUPAM DHAMIJA Date: 2018.07.21 12:46:44 IST Reason: Service is complete on respondent Nos.2, 3, 5, 10 to 13 and 15 to 17 but none has entered appearance. Item No.39 -2- Respondent No.9 has not filed counter affidavit, despite last and final opportunity having been granted. Further opportunity is declined.

Opportunity to respondent No.6 to file counter affidavit has already been declined.

Await certificate of service in respect of respondent No.4, 7, 8 and 14. The Ld. Counsel appearing for respondent No.1 in C.A. No.951/2017 submitted that with regard to respondent Nos.4, 7, 8 and 14, service is awaited from the concerned Appellate Tribunal and reminder was issued but it was sent to respondent No.1 – Competition Commission of India and the Competition Commission of India has written a letter dated 23.4.2018 to the Registry. The Commission has requested that the Appellate Tribunal has been constituted for the purpose and service be effected through National Commission Law Appellate Tribunal (NCLAT). Therefore, fresh steps be taken for the unserved respondents within two weeks. Service be effected through National Commission Law Appellate Tribunal.

C.A. No. 1054/2017 and C.A. No. 1222/2017 Respondent No.1 has already filed counter affidavit. Service is complete on respondent Nos.2 and 3 but none has entered appearance.

C.A. No. 4698-4700/2017 Four weeks' time is granted to respondent No.1 in C.A. Item No.39 -3- No.4698/2017 and respondent Nos.1 and 17 in C.A. No.4700/2017 for filing counter affidavit.

Await certificate of service of the remaining respondents from the concerned Appellate Tribunal. Reminder be issued.

List again on 6.9.2018.

KAPIL MEHTA Registrar 18.7.2018 rd