Finality of judgment for 1st Respondent by Competition Appellate Tribunal, pending before Supreme Court, adjourned for further proceedings The judgment has reached finality in relation to the 1st Respondent, confirmed by the Competition Appellate Tribunal. However, the matter is pending for ...
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Finality of judgment for 1st Respondent by Competition Appellate Tribunal, pending before Supreme Court, adjourned for further proceedings
The judgment has reached finality in relation to the 1st Respondent, confirmed by the Competition Appellate Tribunal. However, the matter is pending for the 2nd and 3rd Respondents before the Supreme Court. The Tribunal decides to wait for the Supreme Court's decision on all issues, including the curtail/agreement matter. The case is adjourned with liberty for parties to mention it post the Supreme Court's ruling for further proceedings.
Issues: 1. Finality of judgment regarding 1st Respondent 2. Pending appeal before the Hon'ble Supreme Court 3. Consideration of curtail/agreement issue
Analysis:
Issue 1: The judgment has reached finality in relation to the 1st Respondent, as confirmed by the Competition Appellate Tribunal. However, the matter is still pending regarding the 2nd and 3rd Respondents before the Hon'ble Supreme Court. The Counsel for the Applicant argues that the application under Section 53 N should not await the decision of the Supreme Court, while the Counsel for the 2nd and 3rd Respondents requests to wait for the Supreme Court's decision.
Issue 2: The penalty imposed on the 1st Respondent has been confirmed by the Appellate Tribunal, but the finding regarding curtail/agreement is still pending as against the 2nd and 3rd Respondents before the Supreme Court. The Tribunal acknowledges that the judgment is pending consideration before the Supreme Court, which has the authority to decide all issues, including the existence of a curtail/agreement on the part of the Respondents.
Issue 3: Given that the judgment is under consideration by the Supreme Court and it retains the power to decide on all issues, including the curtail/agreement matter, the Tribunal decides that the present application should wait for the Supreme Court's decision. The matter is adjourned with liberty for the parties to mention the case after the Supreme Court's decision, allowing for further proceedings based on the Supreme Court's ruling.
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