2014 (1) TMI 1954

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....ocates with Mr. Anand Pathak, Mr. Ravi Nair, Mrs.Saya Choudhary Kapur, Mr. Ashutosh Kumar, Mr. Shivanghi Sukumar, Mr. B. Prashant Kumar and Mr. Varun Tikmani, Advocates. For the Respondent : Ms. Anupam Sanghi and Mr. Arvind Sharma, Advocates with Mr. Sukesh Mishra, Joint Director (Law) of respondent No. 1/CCI. Mr. Parag Tripathi, Senior Advocate with Mr. Saikrishna Raja Gopal, Mr. Sunil Dala....

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.... Mr. C.S. Vaidyanathan, learned senior counsel for petitioner submits that the respondent No. 1-Competition Commission of India has no jurisdiction to investigate the action of the petitioner inasmuch as the Patent Act itself provides adequate mechanism to balance the rights of patentee and other stakeholders. In support of his submission, he relies upon the order passed by this Court in CS(OS) ....

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....er passed under Section 26(1) of the Competition Act, 2002 is an administrative order and an aggrieved party has a right to challenge it at Section 26(7) stage. He also places reliance upon an order passed by this Court in Super Cassettes Industries Ltd. vs. Union of India and Anr., W.P.(C) 2037/2013 as well as the order passed by High Court of Bombay in W.P.(C) 1785/2009, Kingfisher Airlines Limi....

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....ioner's remedy under Section 26(7) has been rendered illusory. This Court is also prima facie of the view that by virtue of the impugned order an investigation has been ordered into consent terms which had been approved by this Court by order dated 19th March, 2013 in CS(OS) 442/2013. Consequently, till the next date of hearing while the petitioner may give information as called upon by the ....