Dr Dhananjaya Y Chandrachud, CJ, Pamidighantam Sri Narasimha, J, J B Pardiwala, J
Google LLC – Appellant
Versus
Competition Commission of India – Respondent
ORDER
1. Invoking the appellate jurisdiction of this Court under Section 53T of the Competition Act 2002, the appellants have called into question an order of the National Company Law Appellate Tribunal1 “NCLAT” dated 4 January 2023. NCLAT is in seisin of Competition Appeal (AT) No 1 of 2023 arising from an order of the Competition Commission of India2 “CCI” dated 20 October 2022. While admitting the appeal, the NCLAT has directed the appellants to deposit 10% of the penalty quantified by the order of the CCI within three weeks. However, no stay has been granted in respect of the rest of the directions of the CCI which has resulted in the institution of the appeal before this Court.
2. The principal grievance which was urged, when the appeal was taken up, was that while on the one hand, NCLAT noted that “urgency has been shown in passing interim order”, the appeal has been directed to be listed on 3 April 2023 but there has been no expression of opinion, prima facie, on the merits of the order in appeal with a view to evaluating whether a case for interim stay was made out.
3. The NCLAT noted that the order of the CCI was dated 20 October 2022 but the appeal was filed nearly two mo
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