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2018 Supreme(Del) 3010

S.RAVINDRA BHAT, A.K.CHAWLA
Cadila Healthcare Limited – Appellant
Versus
Competition Commission of India – Respondent


Advocates Appeared:
For the Appellant : Mr. Krishnan Venugopal, Mr. Rahul Goel and Ms. Anu Monga, Mr. Neeraj Lalwani, Mr. Rishabh Arora and Mr. Nitish Sharma
For the Respondents: Mr. Samar Bansal, Ms. Shreya Singh, Mr. Manan Shishodia and Ms. Aakansha Kaul

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The present appeal is directed against a judgment and order dated 09.03.2018 of a learned Single Judge of this court. The impugned judgment upheld the orders dated 16.01.2018 and 17.01.2018 passed by the first Respondent i.e. Competition Commission of India (hereinafter “CCI”). The CCI’s orders were passed on the two review/recall applications and application for cross examination filed by the first Appellant (hereafter “Cadila”). The applications filed by Cadila sought recall of the CCI’s order dated 17.11.2015 under Section 26(1) of the Competition Act, 2002 (“the Act” hereafter). Those directions regard were that “in the course of investigation, if involvement of any other party is found, the DG shall investigate the conduct of such other parties who may have indulged in such contravention".

2. Cadila’s review/recall application was preferred on 8th September 2017. Two subsequent reminder applications were also filed by Cadila on 08.11.2017 and 29.11.2017. By the CCI’s order of 12.12.2017, Cadila was directed to urge on the merits of the review/recall application at the time of the final hearing on 16.01.2018. The opposite parties directed to file














































































































































































































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