Supreme Court of India

M/s. B. Himmatlal Agrawal v. Competition Commission of India & Anr.

Neutral citation
Reported as [2018] 4 S.C.R. 496
Bench A. K. Sikri and Ashok Bhushan JJ.
Decided 18 May 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

Accordingly, we allow this appeal and set aside that part of the impugned order whereby the appeal of the appellant is dism issed and restore the appeal which shall be decided by the Appellate Tribunal on merits.

Judgment, page 7

From the headnote

Competition Act, 2002: s. 53B – Appeal under – Dismissal of – For non-compliance of condition imposed for granting stay of operation of the i mpugned order – Held: The condition was attached to the order of st ay and not for entertaining the appeal – Therefore, non-complia nce of the condition, would not warrant dismissal of appeal. Allowing the appeal, the Court HELD: 1. The order of the Competition Commission was challenged by filing appeal under Section 53B of the Compe tition Act, 2002. Section 53B confers a right upon any of the aggrieved parties mentioned therein to prefer an appeal to

Where later benches applied it

Of those, 1 relied on · 1 referred to

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