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Delhi High Court - Orders

Forech India Pvt Ltd vs Shri Inder Pal Singh Bindra Secretary ... on 9 May, 2025

Author: Tushar Rao Gedela

Bench: Tushar Rao Gedela

                          $~30 to 34
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         LPA 28/2025 & CM APPL. 1867/2025
                                    FORECH INDIA PVT LTD                                               .....Appellant
                                                  Through:                            Mr. Krishan Venugopal, Sr. Advocate
                                                                                      with Ms. Anu Monga, Mr. Rahul Goel,
                                                                                      Mr. Shobhit Sharma, Mr. Yash
                                                                                      Agarwal and Mr. Mayank Singh,
                                                                                      Advocates.
                                                                  versus

                                    SHRI INDER PAL SINGH BINDRA SECRETARY COMPETITION
                                    COMMISSION OF INDIA & ANR.               .....Respondents
                                                  Through: Mr. Akhil Mittal, Ms. Navita Gupta
                                                            and Mr. Mukul Malik, Advocates for
                                                            CCI.

                          (31)
                          +         W.P.(C) 13557/2019, CM APPL. 54874/2019, CM APPL. 14800/2021
                                    & CM APPL. 14801/2021

                                    TRANTER INDIA PVT. LTD. AND ORS.            .....Petitioner
                                                 Through: Mr. Krishan Venugopal, Sr. Advocate
                                                            with Ms. Anu Monga, Mr. Rahul Goel,
                                                            Mr. Shobhit Sharma, Mr. Yash
                                                            Agarwal and Mr. Mayank Singh,
                                                            Advocates.
                                                 versus

                                    COMPETITION COMMISSION OF INDIA AND ORS.
                                                                              .....Respondents
                                                 Through: Mr. Samar Bansal, Mr. Vedant Kapur
                                                          and Mr. Kaustubh Chaturvedi,
                                                          Advocates for CCI.
                                                          Mr. Amit Tiwari, CGSC with Mr.
                                                          Himanshu Bidhuri, Ms. Ayushi




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 29/06/2025 at 23:15:02
                                                                                       Srivastava and Mr. Ayush Tanwar,
                                                                                      Advocates for UOI.

                          (32)
                          +    W.P.(C) 760/2025, CM APPL. 3772/2025 & CM APPL. 3774/2025

                                    PARAMJEET SINGH GAHLAUT & ANR.         .....Petitioners
                                                 Through: Mr. Krishan Venugopal, Sr. Advocate
                                                          with Ms. Anu Monga, Mr. Rahul Goel,
                                                          Mr. Shobhit Sharma, Mr. Yash
                                                          Agarwal and Mr. Mayank Singh,
                                                          Advocates.
                                                 versus

                                    UNION OF INDIA THROUGH MINISTRY OF CORPORATE
                                    AFFAIRS & ORS.                            .....Respondents
                                                   Through: Mr. Shashank Bajpai, CGSC with Ms.
                                                            Stuti Karwal, Advocate for UOI.
                                                            Mr. Akhil Mittal, Ms. Navita Gupta
                                                            and Mr. Mukul Malik, Advocates for
                                                            R-2 & 3.
                                                            Mr. T. Singhdev, Mr. Tanishq
                                                            Srivastava, Mr. Abhijit Chakravarty,
                                                            Ms. Anum Hussain, Ms. Yamini
                                                            Singh, Mr. Bhanu Gulati and Mr.
                                                            Sourabh Kumar, Advocates for
                                                            R-5/BCD.
                                                            Mr. Preet Pal Singh, Ms. Janupreet
                                                            Kaur, Ms. Unnati Sinha and Ms.
                                                            Medha Navami, Advocates for BCI.
                          (33)

                          +         W.P.(C) 1149/2020
                                    ADARSH TRIPATHI                                                                 .....Petitioner
                                                                  Through:            Mr. Anish Gupta, Mr. Vritant Garg and
                                                                                      Ms. Deeksha Jha, Advocates.
                                                                  versus




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 29/06/2025 at 23:15:02
                                     UNION OF INDIA AND ORS.                    .....Respondents
                                                  Through: Mr. Samar Bansal, Mr. Vedant Kapur
                                                            and Mr. Kaustubh Chaturvedi,
                                                            Advocates for CCI.
                                                            Mr. Preet Pal Singh, Ms. Janupreet
                                                            Kaur, Ms. Unnati Sinha and Ms.
                                                            Medha Navami, Advocates for BCI.
                                                            Mr. Krishan Venugopal, Sr. Advocate
                                                            with Ms. Anu Monga, Mr. Rahul Goel,
                                                            Mr. Shobhit Sharma, Mr. Yash
                                                            Agarwal and Mr. Mayank Singh,
                                                            Advocates for R-8.
                          (34)
                          +         W.P.(C) 8805/2022, CM APPL. 26517/2022 & CM APPL.
                                    52297/2024

                                    M/S INTERNATIONAL COMPUTER RESOURCES & ANR.
                                                                                   .....Petitioners
                                                  Through: Mr. Gautam Narayan, Sr. Advocate
                                                           with Ms. Asmita, Mr. Vidur Mohan,
                                                           Mr. Kaushal Kumar Singh and Ms.
                                                           Prachi Batra, Advocates.
                                                  versus

                                    UNION OF INDIA & ORS.                                                .....Respondents
                                                  Through:                            Mr. Samar Bansal, Mr. Vedant Kapur
                                                                                      and Mr. Kaustubh Chaturvedi,
                                                                                      Advocates for CCI.
                                    CORAM:
                                    HON'BLE THE CHIEF JUSTICE
                                    HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                                  ORDER

% 09.05.2025

1. Mr. Samar Bansal, learned counsel representing the Competition 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 29/06/2025 at 23:15:02 Commission of India (hereinafter referred to as "CCI") has stated that on promulgation of CCI (General Regulations), 2024, the concern raised in these matters that CCI in contravention of the provisions of Section 37 of the Advocates Act, 1961 has taken upon itself to even regulate the conduct of advocates, stands redressed.

2. Our attention has been drawn to Regulation 46(3) and 46(4) of the said Regulations, 2024 where, in respect of an authorized representative appearing for and on behalf of any party, a provision has been made empowering the Commission to pass necessary orders debarring the authorised representative, if he is found guilty of misconduct, for reasons to be recorded in writing. The submission on behalf of the CCI is that sub section 3 of Section 46 is applicable to authorised representatives alone and it will not cover "counsel" which occurs in sub section 4 of Section 46 and will include the professionals such as Advocates, Chartered Accountants and Company Secretaries etc.

3. Let an affidavit be filed on behalf of the CCI clarifying the said position within ten days after serving a copy thereof upon the learned counsel representing the petitioner/appellant.

4. List on 25.07.2025 at 2: 30 p.m.

5. In the meantime, the parties may exchange the compilation of documents/judgments etc. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J MAY 9, 2025 kct 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 29/06/2025 at 23:15:02