2015 (2) TMI 1414

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ndia (in short CCI) in Case No. 13/2013. The petitioners have approached this Court by way of a writ petition under Articles 226 and 227 of the Constitution of India on a singular ground, which is, that the process commenced under Section 48 of the Act Competition Act, 2002 (in short the Act) is premature, in view of the fact that the CCI has not returned any finding as to the contravention of the Act, as yet. 2. The contention of the petitioner is that only after a finding is returned vis-à-vis contravention, if any, alleged to have been committed by the company, by the name of, VeriFone India Sales Private Limited (in short VeriFone) that any process can be commenced against the petitioners, on the purported ground, that they were....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... CCI will, in the first instance, hear the parties with regard to the alleged contravention by the company and, thereafter, hear the parties, once again, with regard to the role of the key-persons. He, thus, submits that the keypersons should place their case before the CCI vis-à-vis the alleged contraventions, which are already disclosed to them via the D.G.I.'s report. The CCI, according to the learned counsel, would hear, all concerned parties and decide the matter in one go. 6. I have heard the learned counsels for the parties. I am in agreement with the submissions of Mr. Chandhiok that there cannot be two separate proceedings in respect of the company (i.e. VeriFone) and the key-persons. As the scheme of the Act, to my mind, d....