Delhi High Court Issues Notice On Plea Challenging Bar On Appeals Against CCI Settlement Orders

The Delhi High Court has issued notice on a plea challenging the provisions barring filing of appeal or judicial review against the settlement orders passed by the Competition Commission of India (CCI).

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response of the Union Government through Ministry of Corporate Affairs and CCI within six weeks.

The Court issued notice on a plea filed by lawyer Ishita Srivastava challenging the constitutional validity of Section 48A(7) of the Competition Act, 2002, and the Competition Commission of India (Settlement) Regulations, 2024.

It is her case that the bar imposed by the provisions on filing of appeals is arbitrary, disproportionate and violative of the basic structure of the Indian Constitution.

Arguing that the proceedings under the Competition Act are in rem proceedings as they affect markets, consumers and the public at large, the plea states:

“Despite this, Section 48(7) of the Act has imposed an absolute bar on any appeal against the settlement order passed by the CCI and hence forecloses the right of the affected stakeholders, including informants and third parties, to challenge the arbitrary settlement orders, thus violating principles of natural justice, fairness, and access to justice.”

The plea submits that exclusion of judicial review creates a constitutionally impermissible legal fiction of "no error," indicating the CCl's settlement decisions from any form of scrutiny, irrespective of whether there are any material irregularities.

It is thus prayed that directions be passed to ensure that the settlement process under the Competition Act is conducted in a transparent, participatory and legally accountable manner.

The matter is fixed for hearing on February 04, 2026.

Counsel for Petitioner: Mr. Puneet Singh Bindra, Ms. Kanishka Prasad, Ms. Kriti Dang, Mr. Rishabh Gupta, Ms. Shaanya Shukla, Ms. Sukriti Seth and Mr. Chandra Raj Singh, Advs. with the petitioner in person

Counsel for Respondents: Mr. Chetan Sharma, ASG with Mr. Raktim Gogoi, CGSC with Ms. Akshita Nigam, Adv

Title: ISHITA SRIVASTAVA v. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT OF INDIA & ANR

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