A bench of Chief Justice G. Rohini and Justice Rajiv Sahai Endlaw of Delhi High Court, said in its judgment, that, “We are of the view that since the investigation by the director general forms part of the regulatory jurisdiction exercised by Competition Commission of India (CCI), any order hampering the investigation process directly affects the statutory functioning of Competition Commission of India (CCI)”. Delhi High Court also held that the Competition Commission of India (CCI) has the right to appeal in cases where the probes have been stayed by courts.
The order came after a Competition Commission of India (CCI) appeal in a dispute involving JCB India Ltd, in which a single judge of the HC had stayed all Competition Commission of India (CCI) proceedings, including the probe, after its director general raided JCB’s premises.
Under the circumstances, the right to assail an order staying the investigation cannot be confined only to the informant, but the Competition Commission of India (CCI) also being an equally aggrieved party, is entitled to do so.”
Doubts were raised whether Competition Commission of India (CCI) could file such an appeal, as it was the Competition Commission of India (CCI) that ordered the probe against JCB in the first place; the court ruled that Competition Commission of India (CCI) has the right.
The court also held that “the interference by us at this stage is unwarranted”. It asked both parties to raise their issues before the single judge who is hearing the case.