A Delhi high court bench of chief justice G Rohini and Justice Rajiv Sahai Endlaw rejected the Competition Commission of India’s (CCI) appeal against a stay order in the same court by Justice Manmohan Singh, reported Mint.
Justice Singh had stayed a CCI investigation into the Institute of Chartered Accountants of India (ICAI), which informant and chartered accountant (CA) Arun Anandagiri alleged had abused its dominant position by not permitting anyone else to conduct continuing professional education (CPE) programmes, which the ICAI, as the profession’s regulator, has made compulsory for CAs to attend.
In dismissing the appeal and telling the CCI to fight it out in front of the single-judge bench where the case is currently listed, the bench had complained that the informant had not appealed against the stay. The CCI’s counsel, additional solicitor general Sanjay Jain, argued that the CCI investigated matters independently.
Update: The petitioner, who is the founder of tax website Tax Sutra, wrote on Twitter that he'd already filed his counter before the single high court judge.
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I am the lawyer in the matter, firstly the single judge was justice manmohan, not justice singh, (confusion of names ).
Secondly, the DB didn't effectively uphold the stay, they simply said that we don't wish to go in to the merits of the matter and go before the single judge because he has to go to merits to look into the matter, infact the DB was with us.
Also they ICAI got the first stay on the first hearing on 05.05 only because there was a jurisdiction issue involved. so now the single judge would look into the matter expeditiously.
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