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2015 (4) TMI 1234 - DELHI HIGH COURTJurisdiction - power of CCI to recall/review an order u/s 26(1) of Competition Act, 2002 - Whether CCI has the power to recall/review an order passed by it of directing/causing investigation in exercise of powers under Section 26(1) of Competition Act, 2002? - Held that:- Order of the CCI/direction to the DG, CCI in exercise of power under Section 26(1) of the Act, to cause investigation, is capable of review/recall - Such a power though found to exist has to be sparingly exercised. Such a power has to be exercised on the well recognized parameters of the power of review/recall and without lengthy arguments and without the investigation already ordered being stalled indefinitely. In fact, it is up to the CCI to also upon being so called upon to recall/review its order under Section 26(1) of the Act to decide whether to, pending the said decision, stall the investigation or not, as observed hereinabove also. The jurisdiction of review/recall would be exercised only if without entering into any factual controversy, CCI finds no merit in the complaint/reference on which investigation had been ordered. The application for review/recall of the order under Section 26(1) of the Act is not to become the Section 26(8) stage of the Act. The respondent No. 1 CCI has the power to recall/review the order under Section 26(1) of the Act but within the parameters and subject to the restrictions - The respondent No. 1 CCI in the present case dismissed the application of the appellants for review/recall being of the opinion that it is not vested with such a power - The matter has thus to be remanded to the respondent No. 1 CCI for consideration of the application of the appellants for review/recall afresh - appeal allowed by way of remand.
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