COMPETITION COMMISSION OF INDIA Vs. JCB INDIA LTD & ORS
LAWS(SC)-2019-1-226
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on January 15,2019

COMPETITION COMMISSION OF INDIA Appellant
VERSUS
Jcb India Ltd And Ors Respondents

JUDGEMENT

- (1.) Leave granted in the special leave petitions.
(2.) The appeals arise from an ad interim order of the learned Single Judge of the Delhi High Court dated 2 June 2016. On a petition instituted under Article 136 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the High Court has issued the following direction: "In my opinion, prima facie, the impugned order did not in any manner, authorize respondent No. 1 to seize the said material for which a search warrant had been issued. In view of the foregoing, the respondent No. 1, who have seized the subject material, are restrained from utilizing the same for any purpose whatsoever, till the next date of hearing."
(3.) On 11 March 2014, the Competition Commission of India passed an order under Section 26(1) of the Competition Act, 2002 directing the Director General to make an investigation into certain allegations against the first and second respondent on the basis of information which disclosed a prima facie case of the abuse of dominance. The first respondent filed a writ petition before the Delhi High Court Writ Petition (Civil) No. 2244/2014 .;


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