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RAHUL SARIN, ARIJIT PASAYAT
DLF Ltd. – Appellant
Versus
Belaire Owners Association – Respondent


Advocates Appeared:
Ms. Mallika Joshi, Ashok Desai, Amit Aggarwal, Ravinder Narain, Ms. Kanika Gomber, Siddharth Banthia,Shivendra Dwivedi, Rahul Rai, Samir R. Gandhi, Neil Hildreth, Ms. Apoorva Misra, M.L. Lahoty

ORDER

Dr. Justice Arijit Pasayat, Chairman. - These appeals involve identical issues for determination and therefore are disposed of by this common order.

2. Challenge in each of these appeals is to the order passed by the Competition Commission of India (‘CCI’) under section 33 of the Competition Act, 2002 (‘the Act’). Each appeal has been filed under section 53B of the Act challenging order dated 20-9-2010 passed under section 33 of the Act. By the said interim order in each case the CCI has restrained the appellant from cancelling allotment to the allottees and from creating third party rights in respect of any cancelled allotment. In each case, the respondent No. 1 (‘the complainant’) has alleged abuse of dominant position in terms of section 4 of the Act in respect of an Agreement entered into by the Apartment Allottees and the appellant relating to purchase of apartment in the residential plot/complexes. It has been alleged that certain terms and conditions of the Agreement are discriminatory. Application was filed for interim order under section 33 of the Act. The appellant questioned the maintainability of the complaint on various grounds. Primarily, it was contended that the

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