2020 (1) TMI 1712 - HC - Law of Competition

Seeking a writ of prohibition against Competition Commission of India from exercising its jurisdiction under Competition Act 2002 - vires of several Sections of the Act are under challenge before the Hon ble Supreme Court of India but no orders have been passed as on date - HELD THAT - Undisputed fact is the Act is in force as on date. Hence no writ of prohibition can be issued against Statutory Commission from exercising its jurisdiction. Hence petition is misconceived and it is accordingly dismissed.

Summary

The Karnataka High Court, presided over by Justice P.S. Dinesh Kumar, addressed a petition filed by the Karnataka Film Chamber of Commerce and associated parties. The petitioners sought a writ of prohibition to prevent the Competition Commission of India from exercising its jurisdiction under the Competition Act, 2002. The petitioners argued that the constitutionality of several sections of the Act is currently under challenge before the Supreme Court of India, with no orders issued to date. However, the court noted that the Act remains in force. Consequently, the court held that "no writ of prohibition can be issued against a Statutory Commission from exercising its jurisdiction" while the Act is active. The petition was deemed misconceived and dismissed without costs.