The Division Bench Justice Anup Jairam Bhambhani and Justice Jasmeet Singh 'urged the DG, CCI to bear in mind that investigation against the appellant is under judicial consideration before a Division Bench of this court.'               

The bench also underlined that, in our view, there is no doubt that the issuance of impugned notice by the DG is a step in furtherance of the investigation commenced in the suo-motu case, in which the investigation is a subject matter of the challenge in the present Letter Patents Appeal.      

Salve also informed the court that related challenges are also pending before the Supreme Court.  

Additional Solicitor General, Aman Lekhi, appeared for the CCI stated that he has instructions to say that though the issuance of notice dated June 4, 2021, was perfectly in line with the procedure contemplated under the statute for taking forward an ongoing investigation, which has not been stayed by the Division Bench.           

He said it would take substantial time for preparation of a report pursuant to the receipt of the information called-for by way of the impugned notice; which report would thereafter be forwarded to the Competition Commission of India.