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2013 Supreme(All) 2730

SHEO KUMAR SINGH, P.K.S.BAGHEL
NAMRATA MARKETING – Appellant
Versus
COMPETITION COMMISSION OF INDIA – Respondent


Advocates:
Counsel :
P.S. Chauhan, Jai Singh Parihar, S.P. Singh for the Petitioner; C.S.C., A.S.G.I., (2013/7522), F.A. Ansari, R.B. Singhal and R.K. Srivastava for the Respondents.

JUDGMENT

By the Court.—The petitioner has preferred this writ petition seeking issuance of a writ of certiorari to quash the impugned order/notice dated 28th May, 2013 issued by the Director General, Competition Commission of India, New Delhi under Section 41 (2) read with Section 36 (2) of the Competition Act, 2002 (for short, the “Competition Act”), and further a direction has been sought for upon the Competition Commission of India to keep the said proceedings in respect of the petitioner in abeyance till the decision of Civil Appeal No. 4766 of 2010 (Rajiv Kumar Mishra v. State of U.P. and others) pending before the Supreme Court of India.

2. The petitioner is a company registered under the provisions of the Companies Act, 1956. The Company is engaged in the business of production and sale of the sugar. It has four subsidiaries; they are also carrying on the same business.

3. On 29th June 2009 the Government of Uttar Pradesh/respondent No. 2 published an “Expression of Interest-cum-Request for Qualification” as well as a “Request for Proposal” inviting bids for sale of 11 Sugar Mills of the Uttar Pradesh State Sugar Corporation Limited (for short, the “Sugar Corporation”)/respon

































































































































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