Indian Broadcasting And Digital Foundation And ANR v. Competition Commission Of India And ORS

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2253/2024 INDIAN BROADCASTING AND DIGITAL FOUNDATION AND ANR.

..... Petitioners Through:

Mr. Mukul Rohatgi, Sr. Advocate with Mr. Ashish Gupta, Mr. Yaman Verma, Mr. Aman Sethi, Mr. Ritwik Bhatacharya, Mr. Puneeth Ganapathy, Mr. Shivek Sahai Endlaw, Mr. Rohan Bhargava and Ms. Khare, Advocates.

versus COMPETITION COMMISSION OF INDIA AND ORS.

..... Respondents Through:

Mr. Manu Chaturvedi and Ms. Devika Singh Roy Choudhary, Advocates for R-1 with Mr. Davander Prasad, Deputy Director, CCI.

Mr. Sajjan Poovayya, Sr. Advocate, Mr. Maninder Singh, Sr. Advocate with Ms. Raksha Agarwal, Mr. Palash Maheshwari, Mr.

Karan Singh Chandhiok, Mr. Kaustav Kundu, Mr.Vijayender Pratap Singh, Ms.

Sayo Bani Basu, Mr. Tarun Donadi, Ms.

Bhavika Chhabra, Ms.

Shubhangni Jain, Ms. Ketki Agarwal, Mr. Ankitesh Ojha and Mr. Ajay Sabharwal, Advocates for R-2 to 5.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 16.02.2024 CM APPL. 9368/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 2253/2024 & CM APPLs. 9367/2024, 9369/2024 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 18/12/2024 at 15:17:09

1.

The Petitioner has approached this Court with the following prayers:- "(a) Issue a writ of mandamus or any other similar writ, order or direction directing Respondent No.1 to decide the application dated 06.07.2023 filed by the Petitioners herein under Section 42 of the Act, or at the very least the interim reliefs sought therein, being ANNEXURE "P-5" hereto, expeditiously and within a specified time as this Hon'ble Court may deem fit; (b) Pending such decision by Respondent No. 1, restrain the Respondent Nos. 2-6 from implementing the Payments Policy, in any form or manner whatsoever, and from taking any precipitative and/or coercive action (on account of any alleged noncompliance with the Payments Policy), in any form or manner whatsoever; and c) Issue any other appropriate writ, order or directions as the facts and circumstances of the present case may require."

2.

It is stated by learned Counsel for the CCI that the case has been fixed for hearing on 21.02.2024 at 11:00 AM. In view of this, this Court is not inclined to proceed ahead in the matter at this juncture. 3.

The petition is disposed of along with pending application(s), if any. 4.

It is made clear that this Court has not made any observation on the merits of the case.

5.

It is always open for the Petitioners to approach the CCI with a request for early disposal.

SUBRAMONIUM PRASAD, J FEBRUARY 16, 2024 hsk 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 18/12/2024 at 15:17:09