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Piyush Joshi v. Competition Commission Of India And Ors

Piyush Joshi v. Competition Commission Of India And Ors

(Competition Appellate Tribunal. New Delhi)

I.A. No. 118 of 2016 in Appeal No. 43/2016 | 05-09-2016

1. This is an application by the appellant for grant of exemption from filing certified copy of order dated 17.9.2015 passed by the Competition Commission of India (for short, the Commission), which has been challenged by the appellant in the appeal filed under Section 53B of the Competition Act, 2002 (for short, the Act). In paragraphs 2, 3 and 4 of the application, the appellant has made the following statements:

"2. That the accompanying Appeal is being filed Section 53B of the Competition Act, 2002 to challenge the three impugned decisions of the Competition Commission of India in relation to the combination of Respondent No. 2 and Respondent No. 3 ("shell-BG Combination") : (i) Communication dated 16th June, 2016 from the Respondent No. 1 received by the Appellant on 20th June, 2016 ("Impugned Decisions No. 1"), (ii) Communication dated 3rd November 2015 from Respondent No. 1 which was received by the Appellant on 6th November, 2015 ("Impugned Decision No. 1"); and (iii) approval granted by Respondent No. 1 to the Schell-BG Combination dated 17th September, 2015, ("Impugned Decision No. 3").

3. That the original copy of the Impugned Decision No. 1 dated 16th June, 2016 and Impugned Decision No. 2 dated November 3, 2015 is provided with the Appeal. However, the certified copy of Impugned Decision No. 3 dated September 17, 2015 has not been provided by Respondent No. 1 even though the Appellant had requested for copy of the same, first under its email dated November 5, 2015 (the date when Respondent No. 1 made the Appellant aware that such a decisions has been taken) and again vide letter dated November 9, 2015, copies of which have been provided as Annexure 11 (Colly.) to the Appeal.

4. That due to the failure of Respondent No. 1 to provide the Appellant with a copy of the Impugned Decision No. 3, the Appellant has instead provided with the Appeal a copy of the Impugned Decision No. 3 as has been uploaded by Respondent No. 1 on its website and which the Appellant became aware of upon a search of the website of Respondent No. 1 on December 23, 2015. Therefore, it is only due to the action of the Respondent No. 1 in not providing a certified copy of the Impugned Decision No. 3 that the same is not being filed with the Appeal, and the Appellant has filed a copy of the Impugned Decision No. 3 as made available on the website of Respondent No. 1."

In our opinion, the reasons set-forth in the above reproduced paragraphs do not justify grant of exemption from filing certified copy of order dated 17.9.2015 passed by the Commission under Section 31(1) of the Competition Act, 2002 in Combination Registration No. C-2015/07/295.

2. A perusal of the prayer made in the appeal does not show that the appellant has challenged communications dated 16.6.2016 and 3.11.2015 sent to him by the Secretary of the Commission. Rather, the prayer clause of the appeal shows that the appellant has only pleaded for revocation of the approval granted by the Commission to the combination of Respondent No. 2 and Respondent No. 3.

3. The appellants assertion that copy of decision dated 17.9.2015 has not been provided by Respondent No. 1 despite the request made by him vide e-mail dated 5.11.2015 and letter dated 9.11.2015 is neither here nor there. There is no provision in the Act or Competition Commission of India (General) Regulations, 2009 for supply of certified copy of order or a document free of charge. Rather, Regulation 50 of the Competition Commission of India (General) Regulations, 2009 prescribes the fees of Rs. 20 per page for copy of any document or paper. In view of the above, we do not find any justification to entertain the application and the same is dismissed. However, liberty is given to the appellant to file certified copy of order dated 17.9.2015. Thereafter, the matter be listed before the Tribunal.

Advocate List
  • For Petitioner : Party-in-Person
Bench
  • G.S. Singhvi
  • Rajeev Kher
  • Anita Kapur, Members
Eq Citations
  • 2016 (4) CPJ 87 (TA)
Head Note

CBI — Appeal — Appeal under S. 53B, Competition Act, 2002 — CBI as appellant — Application for exemption from filing certified copy of order dt. 17.9.2015 passed by Commission — Rejection of — Competition Act, 2002, 53B