UPL has challenged, the vires/ constitutionality of Reg. 5 of the CCI (Manner of Recovery of Monetary Penalty) Regulations before the Delhi High Court. Reg. 5 has been challenged under Article 226 and Article 227 (i.e. writ provisions) of the Constitution of India. It has been stated that the Reg. 5 is ultra vires of Competition Act, 2002 as any regulation ought to trace its genesis in the parent statute (in this case the Competition Act) no provision in the Competition Act authorises the CCI to charge interest for failure to pay penalties.
Client: UPL Limited
Case: UPL Limited v. Union of India & Anr