VidhiSangh

Supreme Court of India · 18/05/2018

M/S. B. HIMMATLAL AGRAWAL versus COMPETITION COMMISSION OF INDIA & ANR.

[2018] 4 S.C.R. 496 · 2018 INSC 542

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Summary

The Supreme Court restored a competition appeal dismissed for failure to deposit 10 percent of the penalty as a condition of interim stay. Section 53B then imposed no pre-deposit condition for entertaining the appeal. Non-compliance ended the stay, but did not extinguish the statutory right to a merits decision. The penalty order remained enforceable pending the restored appeal.

Issues

  1. Whether failure to comply with a deposit condition attached to interim stay authorised dismissal of the statutory appeal itself.

Provisions considered

Held

Result

Appeal allowed; dismissal of the competition appeal set aside and appeal restored for decision on merits. Stay of the CCI penalty stood vacated for non-deposit and was not restored. No costs.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 496.