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TMI Blog2022 (12) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... e deposit of 10% of the total penalty amount of Rs.223.48 crores, in accordance with the order of the CCI, as directed by the NCLAT, no recovery shall be effected in respect of the remaining 90% of the penalty amount. The said deposit shall be without prejudice to the rights and contentions of the parties - Petition disposed off. - W.P.(C) 16963/2022 & CM APPLs. 53757/2022, 53758/2022 - - - Dated:- 14-12-2022 - JUSTICE PRATHIBA M. SINGH Petitioners Through: Mr. Mukul Rohatgi and Mr. Ramji Srinivasan, Sr. Advocates with Mr Shashank Gautam, Mr. Rajat Moudgil, Ms. Aashna Manocha, Mr Akshat Hansari, Ms. Anisha Bohra, Mr. Swapnil Singh, Mr. Sreemoyee Deb and Mr. Anand Sree, Advs. (M-9007525077) Respondents Through: Mr. N. Venkataraman, ASG with Mr. Rajeev Saxena, Mr. Samar Bansal, Mr. Chandra Shekhara Bharatho, Ms. Amritha Chandramouli, Mr. S. Ram Narayana, Mr. Rahul Vijay Kumar, Mr Madhav Gupta Mr Vedant Kapur Advs. for CCI/R-1. Mr. Rajeev Saxena. (nominated counsel CCI) with Mr. Siddharth Luthra Mr Saurav Bansal for R-1. Mr. Vaibhav Gaggar, Mr Vaibhav Chouker, Ms. Ela Bali, Ms. Kokila Kumari, Mr. Faiz Siddiqui, Mr. Somdev Tiwari Mr. Mrityunjay Mahendra, Advs for R-3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lia in the form of D minus clause. c. MMT-Go is directed to provide access to its platform on a fair, transparent and non-discriminatory basis to the hotels/chain hotels, by formulating the platforms listing terms and conditions in an objective manner. d. MMT-Go will notify all its hotel/chain hotel partners, about the aforesaid modifications. e. MMT-Go is directed to provide transparent disclosures on its platform as regards the properties not available on its platform, either on account of termination of the contractual arrangement with any hotel/chain hotel or by virtue of exhaustion of quota allocated to MMT-Go by such hotel/chain hotel. Illustratively, for properties listed on MMT-Go but sold out on the said portal by virtue of exhaustion of quota allocated to MMT-Go, may specify sold out on MMT-Go portal ; similarly, properties continuing to be appearing on MMT-Go portal, despite termination/expiry of listing arrangement should be removed from the portals and in the interregnum with a not available on MMT-Go portal specification. XXX XXX XXX 319. The Commission observes that though the contravening conduct of MMT-Go pertains to hotel segment, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a franchisee service provider engaged primarily in providing services to its partner hotels through listing on its own portal as well as the portals of other OTAs, besides providing other services to said hotel partners. OYO submitted financial statements with regard to Oravel Stays Limited as well as Oyo Hotels and Homes Private Limited (OHHPL/formerly Alcott Town Planners Private Limited ), the latter being the subsidiary of the former. However, OYO has claimed that only the commissions earned by it on hotel room bookings be considered as its relevant turnover. Further, OYO has submitted that for the financial years 2017-18 and 2018-19, the commissions earned on hotel room bookings through Oravel Stays Limited be considered while for the financial year 2019-20, the commission earned on hotel room bookings as reflected in OHHPL be taken into consideration for penalty imposition, if any. Having regard to the business operations of OYO, the Commission observes that its entire revenue from the business operations constitute its relevant turnover and the same needs to be taken into consideration, for the purpose of imposition of penalty and a restrictive interpretation of the term re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rectly been imposed and as such even while admitting it requires to be stayed however, considering the fact that in one another identical matter i.e. Competition Appeal (AT) No. 55 of 2022, this Court while admitting has directed for depositing 10% of the penalty amount, there is no reason to pass a different order. This appeal requires hearing. Admit. It is admitted subject to deposit of 10% of penalty amount which is to be deposited within a period of six weeks. Deposit shall be made in the nature of FDR in favour of Registrar, National Company Law Appellate Tribunal, New Delhi. This Appeal shall be heard side by side of Competition Appeal (AT) No. 55 of 2022 which has directed to be listed For Hearing on 11.04.2023. It is clarified that we have admitted the appeal on deposit of 10% of the penalty and we have not dealt with any other part of the order passed by the CCI. 4. Mr. Rohatgi and Mr. Srinivasan, ld. Senior Counsels appearing for the Petitioners submit that the impugned order dated 6th December, 2022 passed by the NCLAT is completely ambiguous as to the reasons for which the direction for deposit of 10% of the penalty amount impose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... December 2022 passed by the NCLAT, however, while admitting the appeal, does not give any reasons for directing the deposit of 10% of the penalty amount. Further, no interim protection has been explicitly granted in the said impugned order, in respect of the recovery of the remaining 90% of the penalty amount. 8. The appeal before the NCLAT is a first appeal challenging the order passed by the CCI. Thus, in the opinion of this Court, a pre-deposit of 10% of the penalty amount could not have been made for mere admission of the appeal. It is obvious that the intention, which may not be explicitly made clear in the entire order dated 6th December, 2022 passed by the NCLAT, is against the recovery of the remaining 90% of the penalty amount. 9. Upon a specific query by the Court as to whether the Petitioner No.1 is willing to deposit the 10% of penalty amount, subject to which there shall be stay on the recovery of the remaining 90% of the penalty amount, Mr. Srinivasan, ld. Senior Counsel submits, under instructions from Mr. Adhiraj Singh, authorized signatory of the Petitioner No.1, that insofar as the said interim protection is concerned, the matter may be relegated back to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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