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Hon’ble Delhi HC refuses to stay NCLAT order

"The Hon’ble Delhi High Court has today dismissed the writ petition filed by MakeMyTrip challenging the order dated 06.12.2022 passed by the Ld. NCLAT to deposit 10 per cent penalty amount for entertaining the appeal

“The Hon’ble Delhi High Court has today dismissed the writ petition filed by MakeMyTrip challenging the order dated 06.12.2022 passed by the Ld. NCLAT to deposit 10 per cent penalty amount for entertaining the appeal against the Competition Commission of India (CCI’s) order dated 19.10.2022.

MMT had petitioned Hon’ble Delhi HC to suspend the interim order of the 10 per cent deposit as directed by the NCLAT and further to seek a stay or relief as regards the sanctions and behavioural changes directed by the CCI. However, Hon’ble Delhi HC refused to entertain the petition of MMT and has directed MMT to deposit 10 per cent of the fine imposed by CCI as per the directions of NCLAT.

In October 2022, based on a complaint filed by FHRAI, the CCI held Go-MMT and OYO guilty of anti-competitive activities and imposed penalties of Rs.223.5 crore and Rs.168 crore on Go-MMT and Oyo respectively along with a set of directions to change their behavioural practices. Make My Trip and OYO had then filed appeals in the Hon’ble NCLAT against the CCI order but the NCLAT ordered both Oyo & MMT to deposit 10 per cent of the fine imposed on both the entities as a pre-condition to entertain the appeal,” says Mr Jaison Chacko, Secretary General, Federation of Hotel and Restaurant Associations of India (FHRAI).

About Federation of Hotel & Restaurant Associations of India (FHRAI):

The Federation of Hotel & Restaurant Associations of India (FHRAI) is the apex body of the Indian Hospitality industry. Founded in 1955, the FHRAI is the third-largest Hospitality association in the world and has diligently built on its rich legacy. The Association is today privileged to serve as the leading voice of the hotel and restaurant industry and plays a seminal role in supporting the growth trajectory of India’s hospitality and tourism sector. FHRAI provides a vibrant interface between the industry, government, regulatory bodies, academia, international organizations, civil society and the media.

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