Bombay High Court
Competition Commission Of India And Anr vs Trustees Association Of India on 19 January, 2023
Author: S.G. Dige
Bench: G.S. Patel, S.G. Dige
12-ASIAWP-20251-2022 IN WP-3781-2022+.DOC
N.S. Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 20251 OF 2022
IN
WRIT PETITION NO. 3781 OF 2022
NILAM
Digitally signed
by NILAM
SANTOSH
Competition Commission of India & Anr ...Applicants
SANTOSH KAMBLE
KAMBLE Date: 2023.01.21
In the matter between
Trustees Association of India ...Petitioner
11:02:37 +0530
Versus
Competition Commission of India & Ors ...Respondents
WITH
INTERIM APPLICATION NO. 20250 OF 2022
IN
WRIT PETITION NO. 3791 OF 2022
Competition Commission of India & Anr ...Applicants
In the matter between
IDBI Trustship Services Ltd ...Petitioner
Versus
Competition Commission of India & Ors ...Respondents
WITH
INTERIM APPLICATION NO. 30620 OF 2022
IN
WRIT PETITION NO. 3847 OF 2022
Competition Commission of India & Anr ...Applicants
In the matter between
SBI CAP Trustee Company Ltd ...Petitioner
Page 1 of 3
19th January 2023
12-ASIAWP-20251-2022 IN WP-3781-2022+.DOC
Versus
Competition Commission of India & Ors ...Respondents
WITH
INTERIM APPLICATION NO. 30622 OF 2022
IN
WRIT PETITION NO. 3842 OF 2022
Competition Commission of India & Anr ...Applicants
In the matter between
Axis Trustee Services Ltd ...Petitioner
Versus
Competition Commission of India & Ors ...Respondents
Ms Shanaya Cyrus Irani, i/b J Sagar Associates, for the Petitioners.
Ms Warisha Parkar, i/b Samvad Partners for Competition
Commission of India.
Ms Shashwat Rai, with Vijay Paul, i/b Keystone Partners, for the
Respondent No. 3.
Ms Shiwani Kumbhojkar, i/b The Law Point, for the Respondent No.
4- SEBI.
CORAM G.S. Patel &
S.G. Dige, JJ.
DATED: 19th January 2023 PC:-
1. There are four Writ Petitions. In each of them there is now an Interim Application by the Competition Commission of India to vacate ad-interim orders of 8th April 2022 and 11th April 2022. The ad-interim orders were granted because at that time, both CCI and Securities and Exchange Board of India (SEBI) were conducting independent enquiries or investigations into a certain practice or Page 2 of 3 19th January 2023 12-ASIAWP-20251-2022 IN WP-3781-2022+.DOC certain practices of the Petitioners and their members. A report from SEBI was then awaited. In fact, SEBI had asked CCI not to proceed with its own enquiry until SEBI completed the proceedings before it.
2. We are told that SEBI has in fact completed that process. A copy of its report is filed by SEBI in the main Writ Petitions.
3. In this view of the matter, we believe that the disposal of the Interim Applications is bound to result in a disposal of the Writ Petitions themselves. We therefore list all the Interim Applications and the Writ Petitions for final disposal on 17th February 2023 at 2.30 p.m.
4. No adjournments are to be sought. These will not be granted.
5. We are told that the Petitioners propose an amendment to bring on record as part of the Petition a copy of the SEBI final report. That report is already annexed to SEBI's affidavit. If there are any other documents to be added, a draft amendment may be tendered on that date provided it is circulated at least four days in advance to the Advocates for the other parties.
6. List the matter on 15th February 2023 at 2.30 pm. (S. G. Dige, J) (G. S. Patel, J) Page 3 of 3 19th January 2023