Delhi High Court – Orders
Paramjeet Singh Gahlaut & Anr vs Union Of India Through Ministry Of … on 21 January, 2025
Author: Vibhu Bakhru
Bench: Tushar Rao Gedela, Vibhu Bakhru
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 760/2025 & CM APPL. 3772/2025 CM APPL. 3774/2025
PARAMJEET SINGH GAHLAUT & ANR. .....Petitioners
Through: Mr. Krishnan Venugopal, Sr.
Advocate with Mr. Rahul Goel, Ms.
Anu Monga, Mr. Shobhit Sharma and
Ms. Aditi Sharma, Advocates
versus
UNION OF INDIA THROUGH MINISTRY OF CORPORATE
AFFAIRS & ORS. .....Respondents
Through: Mr. Shashank Bajpai, CGSC with Ms.
Stuti Karwal, Advocates for R-1
Mr. T. Singhdev, Ms. Yamini Singh
and Mr. Abhijit Chakravarty,
Advocates
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 21.01.2025
CM APPL. 3773/2025
1. Exemption allowed subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 760/2025 & CM APPL. 3772/2025 CM APPL. 3774/2025
3. Issue notice.
4. Learned counsel for the respondents accepts notice and seeks time to
file a response.
5. The petitioner has filed the above captioned petition, inter alia,
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praying as under:-
“a. Issue a writ, order or direction in the nature of Mandamus or any other
appropriate writ, order or direction declaring that Regulation 47(c) of the
Competition Commission of India (General) Regulations, 2024 are ultra vires
the Competition Act, 2002, Advocates Act, 1961, Code of Civil Procedure,
1908 and violative of Article 14, 19 and 21 of the Constitution of India 1950;
b. Issue a writ, order or direction in the nature of Mandamus or any other
appropriate writ, order or direction declaring that Regulation 46(3) and
Explanation to Regulation 46(4) of the Competition Commission of India
(General) Regulations, 2024 are ultra vires the Competition Act, 2002,
Advocates Act, 1961 (as well as Bar Council of India Rules) and violative of
Article 14, 19 and 21 of the Constitution of India 1950;
c. Issue a writ, order or direction in the nature of Mandamus or any other
appropriate writ or order directing CCI and DG to implement/ execute the
order dated 02.12.2015 (partly modified by order dated 29.09.2016) passed by
this Hon’ble Court in Forech India Limited v. Competition Commission of
India & Anr., W.P. (C) 11072/2015;
d. Issue a writ order or direction in the nature of Certiorari or any other
appropriate writ, order or direction quashing the summons dated 15.01.2025
issued by DG;
e. Issue a writ, order or direction in the nature of Mandamus or any other
appropriate writ or order directing that the Competition Commission of India
(General) Regulations, 2024 shall not apply retrospectively to Suo-moto Case
06/2013;
f. Stipulate/ recommend guidelines relating to the procedure to be followed
by CCI and DG while conducting the investigation including against the
Petitioners;
6. Mr. Venugopal, learned Senior Counsel for the petitioner submits that
the regulations does not permit the Advocate to sit within hearing distance
of the person being examined and violates the provision of Section 30 (ii) of
the Advocates Act. He submits that insisting the Advocates to remain
outside the hearing distance in effect, impinges on his right to represent.
7. The petitioner also impugns a summon dated 15.01.2025 solely on the
ground that the earlier orders passed by the Court in W.P.(C)11072/2015 to
the effect that all the relevant documents would be provided to the
petitioner, are not being complied with. He also submits that, in effect, the
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 27/01/2025 at 21:31:34
right to inspect all documents has been denied on the ground that the
complete redacted record is not available. He submits that in the aforesaid
facts, execution of the summons dated 15.01.2025 by the Director General,
CCI would adversely affect the rights of the petitioner and an ad interim
order be passed staying the said summons.
8. We do not consider it apposite to pass any ad interim order at this
stage.
9. Insofar as the petitioner’s case that the orders in its favour are not
been complied with is concerned; clearly the petitioner has other remedies in
this regard. This Court does not consider it apposite to pass orders to
implement orders. Further the learned counsel appearing for the respondent
also submits that the contempt petition filed by the petitioner for non
compliance of the orders in question, has since been dismissed.
10. The learned counsel for the respondents submit that the petitioner has
not approached the CCI for inspecting the records and, therefore, cannot
complain of not being allowed such inspection. It is also submitted that other
persons involved in the same case have already inspected the record.
Additionally, it is submitted that no application has been made for copies of
any specific documents, which can be made only after the petitioner has
inspected the records.
11. We do not consider it apposite to return any, prima facie, finding on
the contentious issues at this stage without completion of pleadings.
12. Let the counter-affidavit be filed within a period of four weeks from
date. Rejoinder thereto, if any, be filed before the next date of hearing.
13. The learned senior counsel for the petitioner also requests that the
examination of Mr. P.S. Gahlaut, the petitioner no.1 be deferred by a period
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 27/01/2025 at 21:31:35
of one week from date. We do not consider it apposite to accede to this
request as well. The same is accordingly rejected.
14. List on 14.04.2025.
VIBHU BAKHRU, ACJ
TUSHAR RAO GEDELA, J
JANUARY 21, 2025/ms/j Click here to check corrigendum, if any
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 27/01/2025 at 21:31:35
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