2017-TIOLCORP-23-HC-DEL-CA

National Stock Exchange Of India Ltd Vs Official Liquidator Of M/s Ganga Yamuna Finvest Pvt Ltd

Companies Act, 1956 - Sections 456, 468, 529A - Securities Contract (Regulation) Act, 1956 (SCRA) - Section 9 - Securities Contract (Regulation) Rules 1957 - Rule 8, Rule 8(1)(f), Rule 8(4A)

Keywords - trading member - secured creditor - bye-laws of stock exchange

Whether the National Stock Exchange would qualify as 'secured creditor' in light of the statutory flavor of its bye-laws and rules - YES: HC

Whether the common law doctrine of priority of crown debts under Article 372 of the Constitution would be applicable to lien possessed by the Stock Exchange - YES: HC

Whether there would be a lien of the stock exchange on the money deposited by the defaulting trading member in the event of its liquidation - YES: HC

Whether the manner of adjudication of the claims and disbursement in such liquidation has to be as per the bye-laws of the stock exchange - YES: HC

Whether any person other than persons who used the services of the trading member to act as a broker on the stock exchange has any claim against the company - NO:HC

- Appeal allowed: DELHI HIGH COURT

2017-TIOLCORP-14-CCI

Anand Parkash Agarwal Vs Dakshin Haryana Bijli Vitran Nigam

Competition Act - Sections 4, 19(1)(a), 26(2), 36, 53A & 54 - Electricity Act, 2003 - Sections 2, 14, 17, 54, 60, 61, 62(6), 62(6), 64, 86, 110, 142, 144, 181 & 182

Keywords - Abuse of Dominance position - Electricity Distributuion - Electricity Tarriff - Jurisdiction - Fuel and power - Surcharge Cost - FSA - Higher Rate - Overiding Effect - conflicting interpretation

Whether charging differential rate of tariff by a dominant electricity distribution company depending upon consumption of electricity which actually translates into a higher rate for higher consumption amounts to abuse of dominant position - NO: COMPAT

Whether charging higher rates for higher consumption and lower rates for lesser consumption is a valid classification on the objective criteria of consumption- YES: COMPAT

Whether despite non-obstance clause in the Competition Act, the provisions of the Electricity Act being a special statute will over-ride the former in the event of conflicting interpretation - YES: COMPAT

Whether the Electricity Act is a self-contained and comprehensive legislation vesting the Appropriate Commission with the power to fix tariff - YES:COMPAT

Whether CCI has the jurisidction under the Competition Act to admit cases relating to Electricity Tariff - NO:COMPAT

Whether Electricity Act has overriding effect over the Competition Act, in relation to disputes pertaining to tarriffs like FSA - YES : COMPAT

- Appeal Dismissed: COMPETITION APPELLATE TRIBUNAL

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