Supreme Court - Daily Orders
Mdd Medical Systems India Pvt.Ltd. vs Foundation For Common Cause on 24 April, 2014
TITEM NO.2 COURT NO.10 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A. NO.2 IN CIVIL APPEAL NO(s). 7823 OF 2013
MDD MEDICAL SYSTEMS INDIA PVT.LTD. Appellant (s)
VERSUS
FOUNDATION FOR COMMON CAUSE & PEOPLE
AWARENESS THROUGH ITS SECRETARY & ORS. Respondent(s)
(With appln(s) for stay and office report)
Date: 24/04/2014 This Application was called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE GYAN SUDHA MISRA
HON’BLE MR. JUSTICE V. GOPALA GOWDA
For Appellant(s)/ Mr. Dhruv Mehta, Sr. Adv.
Applicant(s) Mr. Abhishek Puri, Adv.
Mr. Rajeev Sharma,Adv.
For Respondent(s)
UPON hearing counsel the Court made the following
O R D E R
A direction has been sought in this application by the applicant/appellant for granting interim order of stay of the impugned order passed by the Competition Appellate Tribunal.
Learned senior counsel appearing for the applicant-appellant submitted that the appellant has substantially paid the amount towards penalty imposed on it, meaning thereby the appellant has not paid the entire amount of penalty, but apprehends that he would be deprived of participating in other tenders on account of the impugned order.
However, we have noticed that any order of such restraint is not existing in the impugned order and hence 1 cannot be made effective; yet if the applicant-appellant suffers any impediment to that effect like black listing or debar at the hands of any Tendering Authority/Authorities, that would be the subject matter of challenge by way of an independent proceeding before an appropriate forum.
Subject to the aforesaid observation, the application is dismissed.
(Neetu Khajuria) (S.S.R. Krishna)
Sr.P.A. Assistant Registrar
2