LPA 137/2014, the CCI was interdicted from commencing any proceedings under Section 26(1) of the Act. He submitted that the present proceedings were commenced on the basis of the information received from an informant and such information was almost identical to the report submitted by the DG in an earlier case (Case No. 28/2011) which was subject matter of proceedings before the Division Bench of this Court in LPA No. 137/2014. He submitted that on the basis of the report submitted by the DG in case No. 28/2011, the CCI was intending to proceed for a further inquiry with respect to the alleged contravention of provisions of Section 4 of the Act. Aggrieved by the same, the petitioner had approached this Court by way of a writ petition ( Grasim Industries Limited v. Competition Commission of India : W.P. (C) 4159/2013 ), which was disposed of by an order dated 17.12.2013. The said decision was carried in appeal before the Division Bench of this Court. On 07.02.2014, the said appeal was admitted and the Solicitor General of India appearing for the CCI has, undertaken that CCI would not proceed against the respondent under Section 26(8) of the Act. The said order was made absolute by a subsequent order dated 15.02.2016. He submitted that with a view to overcome the said undertaking, the CCI had on the basis of information, which is identical to the report submitted by the DG, directed investigation to be conducted. By this procedure CCI is attempting to effectively overreach the orders passed by this Court.
