SC asks CCI, BAI to respond to plea of Ultratech Cement

The COMPAT had asked 10 cement manufacturers, including Ultratech Cement, to deposit Rs 630 crore by June 16 otherwise their appeals filed against imposition of penalty of Rs 6,300 crore on them by the CCI

Supreme Court today asked CCI and Builders Association of India to respond to the plea of Ultratech Cement Ltd against an order of Competition Appellate Tribunal (COMPAT) asking 10 cement firms to deposit 10% of penalty of Rs 6,300 crore imposed on them for allegedly indulging in cartelisation.

The COMPAT had asked 10 cement manufacturers, including Ultratech Cement, to deposit Rs 630 crore by June 16 otherwise their appeals filed against imposition of penalty of Rs 6,300 crore on them by the Competition Commission of India (CCI) for allegedly indulging in cartelisation, would be dismissed.

"We are not passing any interim order without hearing the other side. Issue notice to respondents (CCI and BAI), making them (notices) returnable by day after tomorrow considering the exigency of the matter," the bench headed by Justice Gyan Sudha Misra said.

The bench also directed that the petitions, filed by other cement manufacturers, against the decision of the COMPAT be listed together on June 12.

Initiating arguments, senior advocate A M Singhvi, appearing for Ultratech Cement, said the COMPAT took a "prima facie view in our favour but asked the company to deposit 10% of the penalty or the appeal against order of CCI would fail."

He said the submission of 10% of the total penalty is not mandated under the statute.

Singhvi also said an interim order could be passed by staying the submission of penalty and the matter can be fixed for hearing at a later date.

"No order can be passed without hearing the other side," the court said.

It was hearing the plea of the cement firm against an interim order of the COMPAT.

Earlier, various cement firms had moved the COMPAT against the order of CCI which had imposed penalty of Rs 6,300 crore on 10 firms, saying they had indulged in cartelisation by not utilising the available capacity with an aim to raising prices in times of higher demand.