Sunil Gaur, J.

C.M. No. 19744/2010 (Order 6 Rule 17 CPC) & W.P.(C) No. 8531/2008

1. An important jurisdictional issue which arises for consideration herein is whether this writ petition, though filed prior to invoking of jurisdiction of Competition Commission of India (which became fully operational during the pendency of the writ petition), would be still maintainable for primarily assailing Memorandum of Understanding of 1st February, 2003 between the first respondent-Ministry of Railways and the third respondent- Steel Authority of India (SAIL), as the petitioner has already challenged it before Competition Commission of India being anti-competitive.

2. Since preliminary objection regarding maintainability of this writ petition was raised by learned senior counsel for the respondents, when petitioner had come up with an application to amend the writ petition to specifically challenge the Memorandum of Understanding of 1st February, 2003, therefore, submissions advanced by both the sides on the aspect of maintainability of this writ petition as well as on the applications for amendment of the writ petition and directions, were heard together and are being dealt with in this common o