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High CourtsSingle Bench(2011) 05 DEL CK 0102

National Stock Exchange of India Limited vs Competition Commission of India and Another

Delhi High Court · Decided on 31 May 2011

HON’BLE JUDGES
Dr. S. Muralidhar, J
CASE NUMBER
Writ Petition (C) 3321 of 2011

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Judgment

8 paragraphs · 432 words

S. Muralidhar, J.

CM Appl No. 8078/2011

1.

This Court had, by an order dated 18th May 2011, directed the Competition Commission of India ("CCI") to furnish to the Petitioner a copy of the order passed by it on 29th April 2011 within one week.

2.

Pursuant to the above order, on 25th May 2011 the CCI furnished to the Petitioner a copy of the order dated 29th April 2011 as well as a "reasoned order" dated 25th May 2011. It is not in dispute that the reasoned order dated 25th May 2011 gives the reasons for the order dated 29th April 2011.

3.

The grievance of the Applicant/Petitioner is that what has been furnished to it is only a majority opinion and not the dissenting view of some of the members of the CCI. On 27th May 2011, the CCI passed an order in which inter alia it was "clarified that the majority order is to be treated as the order of the Commission. The final order of the majority as well as that of minority (dissenting) shall be provided to the parties after the same is passed u/s 27 of the Act."

4.

Mr. Arvind Nigam, learned Senior counsel appearing for the Petitioner refers to Regulation 31 of the Competition Commission of India (General) Regulations, 2009 ("Regulations") which states that any interim order passed by the CCI during the course of an enquiry shall be signed and dated by the Members "including a dissenting note by the dissenting Member, if that be the case, and shall be made at the earliest." Likewise, Regulation 32(1) also states that every order of the Commission "shall be signed and dated by the Members including a dissenting note by the dissenting Member, if that be the case."?

5.

This Court finds that no prejudice will be caused to the CCI if the dissenting opinions/note of some of its members in relation to order dated 29th April 2011, and the reasoned order dated 25th May 2011 is furnished to the Petitioner. It is, accordingly, directed that the dissenting opinions/notes of some of the members of the CCI in relation to the order dated 29th April 2011 will be furnished to the Petitioner by the CCI by Friday, 3rd June 2010. In that view of the matter, the time for the Petitioner to submit its reply to the show cause notice is extended up to 10th June 2011. Thereafter, the CCI will proceed in the matter in accordance with law.

6.

The application is disposed of. Order be given dasti to learned counsel for the parties.