The High Court disposed of a writ petition challenging Section 41(3) of the Competition Act, 2002. The court held that as the provision itself had undergone amendment, the challenge would not survive, and thus disposed of the petition without costs.
Writ petition disposed of; MWP No.11789 of 2023 allowed and disposed of; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.11906 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.11906 of 2023
rep. by its Managing Director M.Chinnasami, 562, Kavandanur Road, Ingur-638 058 Perundurai (TK) Erode District, Tamil Nadu, India.
2.M.Chinnasami, Managing Director, Agni Steels Private Limited 562, Kavandanur Road, Ingur-638 058 Perundurai (TK) Erode District, Tamil Nadu, India.
.. Petitioners
Vs
1.Union of India, through Secretary, Ministry of Corporate Affairs,
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W.P.No.11906 of 2023
2.Office of the Director General, Competition Commission of India “B” Wing, HUDCO Vishala, 14, Bhikaji Cama Place, New Delhi-110 066.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration that Section 41(3) of the Competition Act, 2002 be read down as null and void to the extent that it relies on Section 240A of the Companies Act, 1956 which has since been repealed with effect from 30.01.2019.
For the Petitioners : Mr.Vijay Narayan Senior Counsel for Mr.Thriyambak J.Kannan
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W.P.No.11906 of 2023
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
Learned counsel for the petitioners submits that as the provision itself has undergone amendment, the challenge made to the provision would not survive.
(S.V.G., CJ.) (D.B.C., J.) 18.10.2023 Index : Yes/No Neutral Citation : Yes/No bbr
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W.P.No.11906 of 2023
To
1.The Secretary, Union of India, Ministry of Corporate Affairs,
2.The Director General, Competition Commission of India “B” Wing, HUDCO Vishala, 14, Bhikaji Cama Place, New Delhi-110 066.
9th Floor, Office Block-1, Kidwai Nagar (East) New Delhi-110 023, India.
Page 4 of 6
W.P.No.11906 of 2023
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr
W.P.No.11906 of 2023
18.10.2023
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W.P.No.11906 of 2023
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2 issues framed by the court
Whether the writ petition challenging Section 41(3) of the Competition Act, 2002 survives as it relies on a repealed provision of the Companies Act, 1956.
Whether the challenge to the provision survives the amendment of the provision relied upon.
3 provisions across 3 enactments
Agni Steels Private Limited
M. Chinnasami
Union of India
Office of the Director General, Competition Commission of India
Competition Commission of India
Sanjay V. Gangapurwala
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
