A.K.Sikri, J. - (1.) A neat question of law which arises for consideration in this appeal is as to whether the order of the National Company Law Appellate Tribunal (hereinafter referred to as the 'Appellate Tribunal') dismissing the main appeal itself of the appellant herein for non-compliance of the direction to deposit the amount as a condition for grant of stay, is justified and legal.
(2.) In order to decide this question, it is not necessary to take stock of the factual matrix in detail. Narration of the following facts, which are germane for deciding this appeal, would suffice. The appellant herein is a partnership firm, engaged in the business of transportation of coal and sand since 1981. In June, 2014, the appellant firm participated in two tenders, bearing numbers 03/2014-15 and 06/2014-15 floated by the respondent No. 2 herein i.e. M/s. Western Coalfields Limited. The appellant firm was L-II and not the lowest bidder for allotment of the tenders. In June, 2015, the appellant firm received a notice from the Competition Commission of India, New Delhi (hereinafter referred to as 'CCI') asking to show cause under Section 19(1)(a) read with Section 3 of the Competition Act, 2002 (hereinafter referred to as the 'Act'). In the said notice, it was alleged that the appellant firm was involved in anti-competitive and unfair trade practices in collusion with nine other firms. The appellant firm filed its reply. The CCI after considering the same passed orders under Section 26 of the Act and directed the inquiry to be conducted by the Director General (DG) of the CCI. DG submitted its report after the inquiry giving his findings to the effect that the appellant had indulged in anti-competitive and unfair trade practices in collusion with the other firms. The appellant was given a chance to file its objections thereto. After considering those objections, the CCI passed orders dated September 14, 2017 affirming the findings of the DG and imposed penalties on the appellant firm as well as nine parties. Insofar as appellant is concerned, penalty of Rs.3.61 crores has been imposed.
(3.) The appellant filed the statutory appeal thereagainst before the Appellate Tribunal which was registered as Competition Appeal (AT) No. 24/2017. The appellant also prayed for interim stay of the penalty order. Arguments were heard on admission as well as on stay. Vide orders dated November 20, 2017, Appellate Tribunal admitted the appeal. It also granted stay on the orders of the CCI with the condition of depositing 10% of the total penalty (i.e. a sum of Rs. 36,12,222/-) imposed by CCI, to be paid by the appellant, within two weeks i.e. by December 4, 2017. The appellant could not fulfill the said condition of deposit. When the matter was taken up on December 4, 2017, the appellant pleaded before the Appellate Tribunal that non-compliance because of financial crunch which the appellant was facing. The Appellate Tribunal, however, passed orders dated December 4, 2017 to the following effect: "By way of last opportunity, the appellant is given time till 20th December, 2017 to deposit 10% of the penalty amount, failing which, the appeal stands disposed without referring further to the bench".;