Supreme Court - Daily Orders
M/S Escorts Ltd. vs Competition Commission Of India on 31 July, 2015
Bench: J. Chelameswar, Abhay Manohar Sapre
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5762 OF 2014
M/S ESCORTS LTD. Appellant(s)
VERSUS
COMPETITION COMMISSION OF INDIA & ANR. Respondent(s)
O R D E R
It is brought to our notice by Mr. Neeraj Kishan Kaul, learned Additional Solicitor General appearing on behalf of Respondent No.1- Competition Commission of India that in an identical matter being Civil Appeal No.7597 of 2014, this Court vide order 6th April, 2015 passed the following order:
“Learned counsel for the appellant submits that the appellant has already deposited the amount, as directed by the Competition Appellate Tribunal in terms of its order dated 13th May, 2014, no matter under protest. He further states that the Tribunal has heard the appeal finally and reserved the pronouncement of orders as far as back on 17th February, 2015.
In that view, therefore, this appeal is rendered infructuous and accordingly disposed off, reserving liberty for the aggrieved party to seek redress, if so advised, in appropriate proceedings upon pronouncement Signature Not Verified of the order by the Competition Appellate Tribunal.” Digitally signed by Om Parkash Sharma Date: 2015.08.04 16:37:49 IST Reason: Learned Additional Solicitor General submits this matter also be disposed of in terms of the above said order. The Bank 2 guarantee already given by the appellant, admittedly, valid till 18.12.2015, the fate of the Bank guarantee will depend upon the fate of the appeal pending before the first respondent. The appeal is accordingly disposed off, in terms of the order dated 6 th April, 2015 passed in Civil Appeal No.7597 of 2014.
It goes without saying that during the pendency of the appeal before the first respondent, the Bank guarantee shall not be enforced. At the same time, the appellant will keep the Bank guarantee alive from time to time till the disposal of the appeal before the first respondent.
…........................J. [J. CHELAMESWAR] …........................J. [ABHAY MANOHAR SAPRE] NEW DELHI JULY 31, 2015 3 ITEM NO.3 COURT NO.6 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5762/2014 M/S ESCORTS LTD. Appellant(s) VERSUS COMPETITION COMMISSION OF INDIA & ANR. Respondent(s) (with appln. (s) for ex-parte stay and office report for direction) Date : 31/07/2015 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Appellant(s) Mr. Manoj Arora,Adv.
Mr. Anil Shrivastav,Adv.
For Respondent(s) Mr. Neeraj Kishan Kaul,ASG Mr. Sanyat Lodha,Adv.
Mr. Arjun Krishnan,Adv.
UPON hearing the counsel the Court made the following O R D E R In terms of the signed order, the appeal is accordingly disposed off, in terms of the order dated 6 th April, 2015 passed in Civil Appeal No.7597 of 2014.
It goes without saying that during the pendency of the appeal before the first respondent, the Bank guarantee shall not be enforced. At the same time, the appellant will keep the Bank guarantee alive from time to time till the disposal of the appeal before the first respondent.
[O.P. SHARMA] [MALA KUMARI SHARMA] COURT MASTER COURT MASTER
(Signed order is placed on the file)