Cellur Operator Association Of India v. Competition Commission Of India And ORS.

1 505-caw-1587-17 in wp-7172-17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1587 OF 2017 IN WRIT PETITION NO. 7172 OF 2017 Cellular Operators Association of India ..Petitioner Vs The Competition Commission of India and ors.

..Respondents Mr.Siddharth Ranade i/b Trilegal for the Petitioner. CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 12, 2017.

P.C. :

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Not on board. In view of urgency, taken on board. 2] We find that on 30th June 2017, at the request of learned counsel for the petitioner the prayer for carrying out amendment was allowed and the amendment was directed to be carried out within a week. In the said order, we also directed the respondents to file reply within two weeks.

3] On 30th June 2017 itself, the respondent No.1 made a statement that he shall not proceed with the investigation as has been ordered by the Competition Commission of India up to next date of hearing. The matter was ordered to be listed on 28th July 2017. Dinesh Sherla 1/2

2 505-caw-1587-17 in wp-7172-17.sxw 4] Today, a prayer has been made to extend the time to carry out amendment. The period to carry out amendment has already expired on 7th July 2017.

5] It appears that the petitioner's approach in carrying out the amendment is very casual, however, in the interest of justice, we allow the prayer for extension of time to amend the petition, subject to payment of costs to the extent of Rs.30,000/-. The costs shall be paid to Tata Memorial Hospital by the petitioner. The receipt of making payment to Tata Memorial Hospital be submitted by the petitioner within a week from today before the Registry of this Court. 6] Amendment as aforesaid be carried out during the course of the day, making it clear that if the cost is not paid within a week, the amendment will be struck down.

7] The amended copy of the petition to be supplied by the petitioner forthwith to the learned counsel for the respondents. 8] List the matter on 28th July 2017 as already ordered. 9] The Civil Application No. 1587 of 2017 is disposed of. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Dinesh Sherla 2/2