Joeb Thanawala vs Competition Commission Of India & Ors.

23.02.2024 Heard the Learned Counsel for the Petitioner / Appellant in I.A. No. 1281 of 2024 in Competition Appeal (AT) No. 89 of 2018. Also this Tribunal, has heard Learned Counsel appearing for the 1^st Respondent / Competition Commission of India.

According to the Petitioner / Appellant, that the 1^st Respondent / CCI, had found a contravention of Section 3(3)(a) of the Competition Act, 2002 under the CCI Final Order and imposed a monetary penalty of Rs.1,10,386/- (Rupees One Lakh Ten Thousand Three Hundred and Eighty Six) and further that this Tribunal on 30.11.2018 had granted in respect of the Impugned Order passed by the 1^st Respondent relating to the payment of penalty some imposed by the 1^st Respondent / CCI on the Appellant, subject to a deposit of entire penalty amount to be deposited in the form of fixed deposit in favour of the Registrar of National Company Law Appellate Tribunal.

It is represented on behalf of the Petitioner / Appellant a deposit of Rs.1,10,386/- (Rupees One Lakh Ten Thousand Three Hundred and Eighty-Six), being the full penalty amount in a fixed deposit account bearing No.50300303185873 with HDFC Bank (Teen Haath Naka Branch) (Bank) in favour of ‘Registrar, National Company Law Appellate Tribunal-A/c Geep’.

Subsequently, the Appeal came to be listed before this Tribunal and the ‘fixed deposit’ was periodically renewed by the Bank, in due compliance with the directions issued by this Tribunal. As a matter of fact, the fixed deposit was lastly renewed on 10.06.2023, with a maturity date of 07.12.2023 and maturity sum of Rs.1,34,926.55 (Rupees One Lakh Thirty-Four Thousand Nine Hundred Twenty-Six and Fifty-Five Paisa). It is brought to the fore on behalf of the Petitioner / Appellant that this Tribunal had disposed of the Competition Appeal (AT) No. 89 of 2018 on 31.03.2023 and this Tribunal had not modified the penalty imposed by the 1^st Respondent on the Petitioner / Appellant. The Petitioner / Appellant has not filed any Appeal against the final order passed by this Tribunal in the main Competition Appeal (AT) No. 89 of 2018 and the said judgment of the Appellate Tribunal in Competition Appeal (AT) No. 89 of 2018 has become final conclusive and binding between the interse parties.

The Learned Counsel for the Petitioner / Appellant in I.A. No. 1281 of 2024 in Competition Appeal (AT) No. 89 of 2018 prays for passing of an order by this Tribunal in directing the release of the Fixed Deposit in the account bearing No.50300303185873 with HDFC Bank (Teen Haath Naka Branch) (Bank) in favour of ‘Registrar, National Company Law Appellate Tribunal-A/c Geep’.

In this connection, the Petitioner / Appellant has come out with the plea that the directions issued to the Petitioner / Appellant was fully complied with in regard to the payment of instalment sums, as directed by virtue of the 1^st Respondent / CCI order (being subject to any directions that may be issued by the Hon’ble High Court of Delhi through its final judgment in the aforesaid petition). In regard to the payment of final penalty sum, the appellant has fully complied with the CCI order in complete good faith had deposited fully the instalment sums towards payment of final penalty. Hence, the Petitioner / Appellant prays for an order being passed by this Tribunal in directing the release of fixed deposit in the account bearing No.50300303185873 with HDFC Bank (Teen Haath Naka Branch) (Bank) in favour of ‘Registrar, National Company Law Appellate Tribunal-A/c Geep’.

The Learned Counsel for the Petitioner / Appellant refers to the proof of payment of the instalment sums vide page No. 43 to 45 (3 in nos.) in I.A. No. 1281 of 2024 in Competition Appeal (AT) No. 89 of 2018. Even though on behalf of the 1^st Respondent / CCI, the sometime is sought for check to verify about the amounts being paid in instalments with reference to vide page No. 43 to 45 in I.A. No. 1281 of 2024 of the appeal paper book of the I.A. paper book of the Petitioner / Appellant. This Tribunal is of the earnest opinion that it is subjectively satisfied ongoing though the proof of payments that were affected on behalf of the Petitioner / Appellant vide Page No. 43 to 45 in I.A. No. 1281 of 2024 of the paper book, this Tribunal, quite in the fitness of things at this stage, simpliciter, deem fit and proper in directing the Registrar, National Company Law Appellate Tribunal, Principal Bench, New Delhi to release the Fixed Deposit in the account baring No.50300303185873 with HDFC Bank (Teen Haath Naka Branch) (Bank) in favour of ‘Registrar, National Company Law Appellate Tribunal-A/c Geep’ as expeditiously as possible.

Accordingly, the I.A. No. 1281 of 2024 in Competition Appeal (AT) No. 89 of 2018 stands disposed of. No costs.