CORPORATE LEGAL PRACTICE

SC declines to stay order; extends time to comply by one week

In its hearing, the apex court also noted extended tech giant’s time to comply with the CCI order by one week. It also asked NCLAT to dispose the case by March 31.

  • The Supreme Court on January 19 declined to stay Google’s appeal against the Competition Commission of India (CCI)’s order of slapping Rs 1,338 crore penalty on the company for exploiting its dominant position in the Indian market for Android.
  • In its hearing, the apex court also extended tech giant’s time to comply with the CCI order by one week. It also asked National Company Law Appellate Tribunal (NCLAT) to dispose the case by March 31.
  • The Supreme Court noted that at the present stage, they are not evaluation the case on merits, as any expression of opinion would affect the proceedings going forward. The court also observed that the findings of CCI cannot be held at the interim order stage to be suffering from manifest error.
  • For the above reasons, SC held that they are not inclined to interfere with NCLAT’s January 4 order declining a stay.
  • On January 18, the apex court bench, which was made up of Chief Justice of India DY Chandrachud, Justices P S Narasimha and Krishna Murari, initially considered returning the case to the NCLAT to have the interim order reviewed. However, Additional Solicitor General (ASG) Venkatraman argued that the case must be remanded to the Supreme Court in appeal.

Source: MoneyControl

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