Supreme Court - Daily Orders
M/S Dlf Limited vs Competition Commission Of India on 21 October, 2021
Bench: Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi
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ITEM NO.7 COURT NO.2 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.6328/2014
M/s. DLF LIMITED Appellant
VERSUS
COMPETITION COMMISSION OF INDIA & ORS. Respondents
(IA No.38206/2021 – FOR CLARIFICATION/DIRECTION; IA No.79387/2021 –
FOR CONDONATION OF DELAY IN FILING; IA No.80559/2021 – FOR
CONDONATION OF DELAY IN FILING REJOINDER; and, IA No.69454/2021 –
FOR EARLY HEARING)
WITH
C.A. No.6487/2014 (XVII)
(IA No.3/2014)
C.A. Nos.8014-8023/2014 (XVII)
(IA No.50453/2020 – FOR APPROPRIATE ORDERS/DIRECTIONS; and, IA
No.1/2014 – FOR STAY)
C.A. No.9868/2014 (XVII)
(IA No.2/2014 – FOR EX-PARTE STAY; and, IA No.4/2017 – FOR
PERMISSION TO FILE ANNEXURES)
C.A. No.11109/2014 (XVII)
(IA No.4/2014 – FOR PERMISSION TO FILE ANNEXURES)
C.A. No.2532/2016 (XVII)
C.A. No.2523/2016 (XVII)
C.A. No.19947/2017 (XVII)
(FOR ADMISSION; and, IA No.78167/2017 – FOR CONDONATION OF DELAY IN
REFILING)
C.A. No.6481/2014 (XVII)
(IA No.2/2014 – FOR PERMISSION TO FILE ANNEXURES)
C.A. No.11108/2014 (XVII)
(IA No.4/2014 – FOR PERMISSION TO FILE ANNEXURES)
Signature Not Verified
Digitally signed by Dr.
Mukesh Nasa
Date: 2021.10.23
C.A. No.19945/2017 (XVII)
12:09:19 IST
Reason:
(IA No.78625/2017 – FOR CONDONATION OF DELAY IN REFILING)
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Date : 21-10-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MS. JUSTICE BELA M. TRIVEDI
Counsel for the Parties:
Mr. Amit Sibal, Sr. Adv.
Mr. Arjun Krishnan, AOR
Mr. Ankur Singh, Adv.
Mr. Saksham Dhingra, Adv.
Mr. Shourya Bari, Adv.
Mr. Kaustubh Prakash, Adv.
Mr. Pinaki Misra, Sr. Adv.
Ms. Kanika Chaudhary Nayar, Adv.
Mr. Pravin Bahadur, Adv.
Ms. Nidhi Singh Prakash, Adv.
Mr. Arjun Nihal Singh, Adv.
Ms. Kanika Gomber, Adv.
Mr. Ravinder Narain, Adv.
Mr. Siddharth Banthia, Adv.
Mr. Abhay Kumar, AOR
Ms. Vibha Datta Makhija, Sr. Adv.
Mr. D. K. Devesh, AOR
Mr. Anil Grover, Sr. Adv.
Dr. Monika Gusain, AOR
Mr. Anil Grover, Sr. AAG
Ms. Noopur Singhal, Adv.
Mr. Rahul Khurana, Adv.
Mr. Satish Kapoor, Adv.
Mr. Sanjay Kumar Visen, AOR
Ms. Babita Mishra, Adv.
Mr. Vaibhav Gaggar, Adv.
Mr. Vidur Mohan, Adv.
Ms. Kokila Kumar, Adv.
Mr. Rohan Khatana, Adv.
Ms. Shefali Munde, Adv.
Mr. Abhinav Mukerji, AOR
Mr. M.L. Lahoty, Adv.
Mr. Paban K. Sharma, Adv.
Mr. Anchit Sripat, Adv.
Mr. Himanshu Shekhar, AOR
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Mr. Ravinder Narain, Adv.
Mr. Siddharth Banthia, Adv.
Mr. Abhay Kumar, AOR
Mr. Pawanshree Agrawal, AOR
Mr. Rajesh Mahale, AOR
Mr. Bankey Bihari, AOR
Mr. Gaurav Kejriwal, AOR
Mr. Sumit Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
IA No.38206/2021 IN CIVIL APPEAL No.6328/2014 – FOR CLARIFICATION/ DIRECTION In support of this application, reliance has been placed upon the decision of this Court in Excel Crop Care Ltd. v. Competition Commission of India & Others, (2017) 8 SCC 47, to submit that the amount of penalty could at best be relatable to the ‘relevant turnover’ and not on the basis of ‘total turnover’ of the companies in question.
We have heard Mr. Pinaki Misra, learned Senior Advocate in support of the application, Mr. Amit Sibal, learned Senior Advocate for the Competition Commission of India and Mr. M.L. Lahoty, learned Advocate for home-buyers.
Rather than going into the question whether at this stage, out of the amounts deposited in the Registry of this Court some portion of the amounts be refunded to the applicant, in our view, the interest of justice would be met if the appeals themselves are directed to be listed for hearing at an early date. 4 We, therefore, direct the Registry to post these appeals for final disposal on 07.12.2021 before the appropriate Court. In order to facilitate early disposal of the matters, the parties were earlier directed to file their compilation(s) with written submissions giving cross-references to the documents on which reliance would be placed on behalf of the parties. The order has been complied with by the Competition Commission of India and the home-buyers.
The appellant is at liberty to file its written submissions within three weeks from today giving cross references to the documents appended to the compilations filed on behalf of the Competition Commission of India and the home-buyers. If there be any documents which are not included in the compilations, the same may be filed alongwith such written submissions. Let the needful be done by the appellant within three weeks. The Competition Commission of India and the home-buyers are at liberty to file their rejoinder(s) to the submissions of the appellant within a week thereafter.
List the matters for final disposal on 07.12.2021. IA No.69454/2021 IN CIVIL APPEAL No.6328/2014 – FOR EARLY HEARING In view of the aforesaid order in I.A. No.38206 of 2021, no orders are called for on this interlocutory application. I.A. No.69454 of 2021 stands disposed of accordingly.
(MUKESH NASA) (SUNIL KUMAR RAJVANSHI)
COURT MASTER BRANCH OFFICER