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Order passed by CCI couldn’t be called into question on account of any defect in constitution: HC

July 30, 2019[2019] 107 405 (Delhi)

Competition Act : Orders passed by CCI cannot be called into question on account of any vacancy or any defect in constitution; notwithstanding, that a judicial member is required to be appointed to CCI, orders passed by CCI pending such appointment cannot be called into question

• Where petitioner had participated in proceedings before CCI and CCI had reserved orders after hearing submissions made on behalf of parties, it is clearly not open for petitioner to seek a rehearing of matter after appointment of a judicial member.

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