The Film And Television Producers Guild Of India Limited v. Competition Commission Of India
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1466/2025 THE FILM AND TELEVISION PRODUCERS GUILD OF INDIA LIMITED .....Petitioner Through:
Mr. Abdullah Hussain, Mr. Abhishek Singh Baghel, Ms. Kanika Chaudhary Nayar, Ms. Shambhavy Sigh, Mr.
Sayan Kumar Panda and Mr. Ishan Handa, Advocates.
versus COMPETITION COMMISSION OF INDIA .....Respondent Through:
Mrs.
Meherunnisa A.
Jaitley, Advocate for CCI.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA % 06.02.2025
O R D E R
CM APPL.7107/2025 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
W.P.(C) 1466/2025 3.
The present petition has been filed by the petitioner seeking a writ in the nature of mandamus that the respondent i.e., Competition Commission of India (CCI) be directed to pass an order under Section 26 of the Competition Act, 2002, within a fixed time period. 4.
It is noticed that an earlier writ petition filed by the same petitioner viz. W.P.(C) 6051 of 2024, was disposed of by this Court vide order dated 30.04.2024, as under :- "
W.P.(C) 6051/2024
1. The Petitioner has approached this Court with the following prayers:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
"(i) Issue an appropriate order in the nature of Writ of Mandamus directing the Respondent Commission to immediately convene and consider the Information filed by the Petitioner dated 14 December 2023 under Section 19(1)(a) of the Competition Act, 2002, registered as Case No. 42 of 2023, and pass its order under Section 26 of the Act expeditiously thereafter;
(ii) Pass any other orders/ directions as this Hon'ble Court deems fit and necessary in the interest of justice and equity."
2. It is stated that a complaint stating that no action is being taken by the CCI on the information given by the Petitioner on 14.12.2023 has yet not been taken up by the CCI in accordance with the Competition Act and the Regulations therein. It is stated that the Petitioner has filed inspection applications and it is found that the information is not yet placed before the Board.
3. The writ petition is being disposed of with a request to the CCI to consider the application according to the rules and regulations.
4. With these observations, the petition is disposed of along with pending application(s), if any."
5.
Pursuant to the said order, the matter has been taken up by the CCI on multiple occasions. Vide order dated 08.01.2025, it was ordered as under:- "COMPETITION COMMISSION OF INDIA 08.01.2025 Case No. 42 of P23 In Re:
The Film and Television Producers Guild of India Ltd. Informant And UFO Movies India Limited & Others Opposite Parties
ORDER
1.
The present Information has been filed by Film and, Television Producers Guild of India Ltd. ("Informant") against UFO Moviez India Ltd. ("Opposite Party No.1"), Qube Cinema Technologies Pvt. Ltd. ("Opposite Party No.2") and PVR Inox Limited ("Opposite Party No.3") (OP-I, OP-2 and OP-3 are collectively referred to as "Opposite Parties"/ "OPs") under Section 19(1) of the Competition Act, 2002 ("Act") alleging contravention of provisions of Sections 3 and 4 of the Act. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
In the ordinary meeting held today, the Commission considered the matter and decided to resist the same in one of the ensuing meetings. 6.
Learned counsel for the respondent further submits that requisite steps were taken by the respondent as far back as in May, 2024 to ascertain/ obtain information from the other interested parties. Learned counsel for the respondent submits that the matter is under active consideration of the CCI and a suitable decision in the matter shall be taken as expeditiously as possible.
7.
Considering the aforesaid, no further order/s are required to be passed in the present petition; the same is, accordingly, disposed of. SACHIN DATTA, J FEBRUARY 6, 2025/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.