# Competition Commission of India vs. Independent Sugar Corporation Limited and Another

> SC judgment dated 2025-05-16. Citation: TCN-2025-SC-00014. The case involves a review petition filed against a judgment concerning Section 29 of the…

- **Court:** SC
- **Order date:** 16 May 2025
- **Citation:** TCN-2025-SC-00014
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/competition-commission-of-india-vs-independent-sugar-corporation-limited-and-ano-92bd85f0

## Summary

### Background

The case involves a review petition filed against a judgment concerning Section 29 of the Competition Act, 2002. The Competition Commission of India (CCI) sought a review of the majority judgment, arguing that it curtailed the CCI's jurisdiction and discretion in scrutinizing combinations under the Competition Act. The original judgment allegedly misinterpreted Section 29, particularly regarding the issuance of show cause notices (SCNs) and the process of investigation by the Director-General (DG). The CCI contended that the judgment imposed a mandatory interpretation on provisions that should allow for discretion, potentially rendering certain provisions of the Act unworkable.

## Facts

The Competition Commission of India (CCI) filed a review petition against a judgment that interpreted Section 29 of the Competition Act, 2002. The CCI argued that the judgment mandated a full-fledged investigation upon the issuance of a show cause notice (SCN) under Section 29(1), thereby curtailing the CCI's discretion. The CCI contended that the judgment disrupted established jurisdictional practices and undermined its discretionary powers in approving combinations expeditiously while safeguarding market competition. The original judgment emphasized a literal interpretation of Section 29, potentially rendering certain provisions of the Act unworkable. AGI Greenpac Limited also filed a review petition against the same judgment. Independent Sugar Corporation Limited

…

## Issues and analysis

### Issue 1: Whether the interpretation of Section 29 of the Competition Act, 2002, in the judgment under …

**Ratio:** The court held that the Competition Commission retains discretion in deciding whether to

…

**Reasoning:** The court reasoned that the Competition Commission, as an expert body, should have the

…

**Interpretation:** The court interpreted Section 29 to mean that while the issuance of an SCN is

…

**Application:** The court applied this interpretation to the facts of the case, finding that

…

## Parties

- **Judges:** M.M. SUN…; Sudhanshu…; +1 more
- **Appellants:** Competition…
- **Respondents:** Independent Sugar…

## Timeline

- **2023-03-15 — CCI Orde…**: The review petition claims the judgment overlooked the petitioner's detailed monitoring…
- **2023-01-01 — Civil Appeal No. 4924…**: Competition Commission of India/Appellant in Civil Appeal No.4924 of 2023, is the Review…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 30(4) — Submission of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-30)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/supreme-court-of-india/competition-commission-of-india-vs-independent-sugar-corporation-limited-and-ano-92bd85f0