On Monday 26 February 2024, Supreme Court dismissed Dalmia Cement’s special leave petition (SLP) and refused to interfere with the order of Madras High Court allowing impleadment of Builders Association of India (BAI) in 2019 cement cartel investigation.
Competition Commission of India (CCI) had allowed Builders Association of India (BAI) application for impleadment as a party in ongoing cement cartel matter. Dalmia Cement (Bharat) Ltd aggrieved by the order of CCI impleading BAI filed a writ petition before the Madras High Court. The Ld. Single Judge of the Madras High Court dismissed the said writ petition citing comity of courts and lack of territorial jurisdiction to entertain the writ petition. The appeal against the said order of the Madras High Court was also dismissed by the Ld. Division Bench of the Madras High Court.
The said order of the Ld. Division Bench of Madras High Court was challenged by way of a SLP before the Supreme Court. The Supreme Court refused to entertain the SLP and dismissed the same.
Dalmia's argument that BAI will inspect all confidential documents was settled by recording submissions of BAI's counsel (Ms Anu Monga), that it shall not seek inspection of confidential documents.
Builders Association of India is represented by AnantLaw through its partners Ms Anu Monga and Mr Rahul Goel. A copy of Supreme Court orders is available below.