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Competition Commission of India (CCI) cannot wriggle out of 'consent' given by it before the Delhi High Court

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Forech, in November 2015, challenged CCI’s order before the Delhi High Court under Article 226/227 of Constitution of India seeking directions for supply of all documents (non-confidential) collected by DG, orders granting confidentiality, opportunity to cross examine the witnesses and legal representation before DG. At this stage, CCI consented to supply all documents (saving against which confidentiality has been sought), orders granting confidentiality, cross examination and legal representation. However, subsequently CCI filed an application before the Delhi High Court seeking modification of its orders in terms of ‘CCI be allowed to supply only those documents which are to be relied upon against Forech and not the other documents which are not intended to be used against Forech (even if no confidentiality) and CCI may not be directed to supply orders granting confidentiality’ The said modification application was dismissed by the Delhi High Court of Delhi stating that CCI in the garb of modification of the order is trying to wriggle out of the consent given before Delhi High Court and the same is impermissible. CCI challenged the said order before the division bench of Delhi High Court - which also upheld the order of the single judge of Delhi High Court. Subsequently, while dismissing CCI's appeal, the Supreme Court also upheld the judgment of Delhi High Court.

Client: Forech Pvt Ltd
Competition Commission of India & Anr v. Forech Ltd

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