COMPETITION COMMISSION OF INDIA Vs. JCB INDIA LTD

JUDGEMENT

(1.) THREE interim orders passed by the learned Single Judge in W.P.(C) No.2244/2014 are assailed in this appeal filed by the Competition Commission of India (for short 'CCI').

(2.) THE essential facts of the case are as under: - Bull Machines Pvt. Ltd. (respondent No.2 herein) filed information before CCI under Section 19(1)(a) of the Competition Act, 2002 alleging contravention of the provisions of Section 4 of the said Act by JCB India Ltd. (respondent No.1 herein) which is a wholly owned subsidiary of JC Bamford Excavators Ltd. (respondent No.3 herein). On 11.03.2014, CCI passed an order under Section 26(1) recording its prima facie satisfaction and accordingly directing the Director General to cause an investigation into the matter and to complete the investigation within a period of 60 days.

(3.) JCB India Ltd. and JC Bamford Excavators Ltd. together filed W.P.(C) No.2244/2014 with a prayer to quash CCI's order dated 11.03.2014. On 04.04.2014, the learned Single Judge passed an interim order in terms of the order dated 21.01.2014 passed in a similar matter being W.P.(C) No.464/2014 titled Telefonaktibolaget LM Ericsson (Publ) vs. Competition Commission of India and Anr. which is pending on the file of this Court. By virtue of the said interim order dated 04.04.2014 the information as called upon by the Director General of Competition Commission of India has to be given by the petitioners i.e. JCB India Ltd. and JC Bamford Excavators Ltd., however, no final order/report shall be passed either by the Competition Commission of India or by its Director General. Further, in case the Director General of the Competition Commission of India feels that it is necessary for the presence of an officer stationed abroad, he shall notify the petitioners about the same and in case the petitioners feel that the request is unreasonable, it would be open to the petitioners to move an application in the writ petition for appropriate directions.