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TMI Blog2015 (4) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 as well as certain regulations of the Competition Commission of India (General) Regulations, 2009 as unconstitutional being in violation of Article 14 of the Constitution of India. In addition, the petition also impugns the Final Order dated 1st October, 2014 of the Competition Commission of India (CCI) in case No.40/2011, imposing a penalty on the petitioner in the sum of Rs. 2,83,28,000/- payable within 60 days and directing the petitioner to file undertaking in terms of directions contained in para 216 (i) of the order within a period of 30 days from the date of receipt of the order. 2. The petition came up before this Court on 17th October, 2014 when it was ordered to be re-notified for 27th October, 2014. On 27th October, 2014 the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 when one of the contentions of the counsel for the petitioners therein was that owing to vacancies, the Competition Appellate Tribunal (CompAT) to which appeal admittedly was maintainable against the order dated 25th August, 2014, was non-functional. In view of this circumstance, notice of the said two petitions was issued and the operation of the order dated 25th August, 2014 against the said two petitioners stayed till 30th September, 2014. 5. On 30th September, 2014 we were told that though appointment to the Office of the Chairperson of the CompAT had been made but appointments to the Office of the Members of CompAT were still pending though expected to be made soon. The counsels for the petitioners in W.P.(C) No.6610/2014 and W.P.(C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C) No.6610/2014 and W.P.(C) No.6634/2014 to the other writ petitions also in the batch, save this petition. Though the counsel for the petitioner herein was present on 31st October, 2014, but on that date also did not press the application for interim relief and has now filed this application. 7. The star argument of the senior counsel for the petitioner is that the challenge by this petitioner also is to the same provisions of the Act and the Regulations which are under challenge in the other petitions in the batch and thus not granting the same interim order to this petitioner would amount to discriminating this petitioner vis-a-vis the other petitioners in the batch. We may notice that the aforesaid argument has been made inpiste of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to this petition as well as all other petitions which may also be filed impugning the provisions of the Competition Act and the Regulations thereunder, the same would lead to none approaching CompAT, thereby making CompAT non-functional. (c) We, in these petitions, are not concerned with the challenge even if made to the merits of the order of the CCI as indeed we cannot be and had clarified so at the initial hearing only. In the hearing till now also, none of the counsels has made arguments on the merits of the order of the CCI. The hearing in these petitions is confined to the challenge to certain provisions of the Act and the Regulations thereunder and to the query raised by us in the order dated 30th September, 2014 supra. We do not s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itlement Kendra Vs. State of U.P. 1989 Supp.(1) SCC 504, while dealing with the demand of similar treatment to all „A? category mine owners held that there can be no two opinions about the Court extending equal treatment to all equally placed petitioners before it. The Court, though at a later stage in the proceedings did not find tenable the distinction between the „A? category mines located within and outside the municipal limits and on the basis of which distinction orders entailing different treatment had been made earlier, nevertheless held that "there are certain situations where in the interest of general benefit to the community, interest of individual citizens may be overlooked" and, refused to allow the „A? categ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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