9911796707
TMI Blog2020 (1) TMI 1705X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of the said statement made on behalf of the appellant/CCI, duly recorded by the learned Single Judge in the order dated 02.12.2015, there are no merit in the submission made that the order dated 02.12.2015 or for that matter, the impugned order dated 29.9.2016, shall have wide ramifications or shall be treated as a precedent in the future. There is no justification to modify the impugned order in the light of the statement made by learned counsel for the appellant/CCI on 2.12.2015, as noted in the order dated 2.12.2015. Thus, even on merits, no case for interference is made out by the appellant/CCI. The application for seeking condonation of delay is dismissed as meritless and as a sequel thereto, the appeal and the pending application a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereof, it was deemed appropriate to grant liberty to the appellant/CCI to file a better affidavit in support of the pleas taken in the application. For purposes of ready reference, we may reproduce herein below, the averments made in paras 3 and 4 of the condonation of delay application:- "3. That after seeking comments from the Legal Division of the appellant as well as the office of the DG, the same was put before the Director (Law) on 15.11.2016 for discussion and the file is again resubmitted for approval on 21.11.2016. The Director (Law) in turn forwarded the same to Adviser (Law) for approval on 21.11.2016. Adviser Law put up the same before the Member (Legal) who approved the same for placing it before the Commission for approval. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling a certified copy of the impugned order to be filed alongwith the appeal, a procedure that is adopted as a matter of routine by Advocates so that the certified copy can be filed later, as and when made available by the Registry. 4. In fact, on a perusal of the aforesaid dates, it transpires that the certified copy kept lying in the Registry for almost two weeks, till the same was collected on behalf of the appellant/CCI, but the gap of 28 days between 17.10.2016, the date of collecting the certified copy of the impugned order and 15.11.2016, remains unexplained. Further, in para 3 of the application, a specific averment has been made that the Director (Law) had forwarded the file to the Adviser (Law) for approval on 22.11.2016. Howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having regard to the nature of the order passed by the learned Single Judge. 8. We may note that in the impugned order dated 29.9.2016, a previous order passed by the learned Single Judge on 02.12.2015 has been reproduced, which the appellant/CCI had sought modification of. The submission made by learned counsel for the appellant/CCI was duly recorded in para 2 of the order dated 02.12.2015. For purposes of ready reference, the order dated 02.12.2015, is extracted herein below:- "1. This order is in continuation of the previous orders dated 30th November, 2015 and 1st December, 2015. 2. The counsel for the respondents states that without prejudice to the rights and contentions of the respondents and without constituting a precedent, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement of the learned counsel for the appellant/CCI was recorded to the effect that it was ready to furnish all the documents of the investigation available with it to the respondent herein, except for those with respect to which a party had claimed confidentiality, without it being treated as a precedent. The very same fact had weighed with the learned Single Judge at the time of passing the impugned order on 29.9.2016. 10. In view of the said statement made on behalf of the appellant/CCI, duly recorded by the learned Single Judge in the order dated 02.12.2015, we do not find any merit in the submission made before us now that the order dated 02.12.2015 or for that matter, the impugned order dated 29.9.2016, shall have wide ramificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing "difficulties" therein and which reasons were shown to the undersigned subsequently in confidence. 15. I am not satisfied with the reasons shown to me in confidence for withdrawing the consent given on 2nd December, 2015 to furnish to the petitioner all documents of investigation available with the respondents save those with respect to which any party has claimed confidentiality. 16. Since the order disposing of the petition was not adjudicatory order and was without prejudice to the rights and contentions of the respondents and without constituting a precedent for the respondents, I do not deem it appropriate to in this application for modification of the said order enter into an adjudicatory exercise as the counsels have argue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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