A vacation bench of Justices Anup J. Bhambhani and Jasmeet Singh said, "We do not consider it appropriate to stay the operation of impugned notice dated June 4, 2021 at this stage."
The bench noted that Additional Solicitor General Aman Lekhi has "fairly" stated June 4, notice was perfectly in line with the procedure contemplated under the statute for taking forward an on-going investigation.
The bench said: "The notice has not been stayed by the division bench, and it would take substantial time for preparation of a report pursuant to the receipt of the information called-for by way of the impugned notice; which report would thereafter be forwarded to the Competition Commission of India (CCI)".
Lekhi submitted that preparation of the report would not be completed at least before the next date of hearing before the roster division bench on July 9. "Taking note of Lekhi's statement we would only urge the DG (Director General, Competition Commission of India) to bear in mind that investigation against the appellant is under judicial consideration before a Division Bench of this court; and we direct that the matter be listed before the Roster Division Bench on 09.07.2021," said the court.
Salve had submitted that 'in view of the DG's demand for information within 15 days of receipt of notice on pain of penalty, it is clear the DG's effort is to take precipitate action against the appellant, without awaiting a decision of the pending issues by the division bench, is an act of overreach of the judicial process, which deserves to be restrained'.
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