LAWS(DLH)-2019-7-223

CADD SYSTEMS Vs. COMPETITION COMMISSION OF INDIA

Decided On July 17, 2019
Cadd Systems Appellant
V/S
COMPETITION COMMISSION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning the orders dated 23.04.2019 and 08.05.2019 (hereafter 'the impugned orders') passed by the respondent (Competition Commission of India - CCI) in Case No. 12 of 2017 titled as "Nagrik Chetna Manch Vs. SAAR IT Resources Private Limited and Ors". By the order dated 23.04.2019, CCI adjourned the final hearing of the said case to 08.05.2019. On 08.05.2019, CCI heard detailed arguments and reserved the matter for judgment.

(2.) The petitioner contends that the impugned orders were passed without the presence of a judicial member and therefore, were in contravention of the law laid down by the Division Bench of this Court in Mahindra & Mahindra Ltd. & Ors Vs. Competition Commission of India & Anr.: W.P.(C) 11467 of 2018. The petitioner contends that the impugned orders are adjudicatory in nature and hence, the presence of a judicial member was mandatory as per the law.

(3.) The petitioner is a company which is engaged in the business of topographical land survey, differential GPS (DGPS)/ GPS survey, GIS, civil consultancy and supervision of quality control in dam projects.