Court abstained from entering finding on merit as appeal is pending before NCLAT

Google LLC Vs Competition Commission of India  (Supreme Court of India)

Supreme Court held that as the appeal is pending before NCLAT, this court is desisting from entering a finding on the merits of the rival submissions which have been urged on behalf of the contesting parties.

Facts-

Invoking the appellate jurisdiction of this Court under Section 53T of the Competition Act 2002, the appellants have called into question an order of the National Company Law Appellate Tribunal dated 4 January 2023. NCLAT is in seisin of Competition Appeal (AT) No 1 of 2023 arising from an order of the Competition Commission of India dated 20 October 2022. While admitting the appeal, the NCLAT has directed the appellants to deposit 10% of the penalty quantified by the order of the CCI within three weeks. However, no stay has been granted in respect of the rest of the directions of the CCI which has resulted in the institution of the appeal before this Court.

Conclusion-

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