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2025 DAILYLAW 180153 (MAD)

P.NIKILESH SURYA v. COMPETITION COMMISSION OF INIDA

WP/46471/2025 · 2025-12-08

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

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2025:MHC:2783 WP.No.46471 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.12.2025 CORAM THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR WP.No.46471 of 2025 & WMP.No.51819 of 2025 P.Nikilesh Surya .. Petitioner Versus 1.The Competition Commission of India Through the Secretary 9 th Floor, Office Block-I Kidwai Nagar East New Delhi – 110 023 2.The Competition Commission of India Regional Office (South), Chennai 652, Anna Salai, Nandanam Chennai – 600 035, Tamil Nadu .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the impleadment application dated 18.11.2025 and 21.11.2025 filed by the petitioenr in the proceedings pertaining to case No.42 of 2023 filed by the Film and Television Producers Guild of India before the respondents, and to implead the petitioner and provide an opportunity of hearing to the petitioner. For Petitioner : Mr.Srinath Sridevan, Senior Counsel For Respondents : Mr.A.R.L.Sundaresan, ASG assisted by Rahul Unnikrishnan 1 / 6 https://www.mhc.tn.gov.in/judis WP.No.46471 of 2025 ORDER The petitioner seeks for a direction, directing the respondents to consider the impleadment application dated 18.11.2025 and 21.11.2025 filed by the petitioenr in the proceedings pertaining to case No.42 of 2023 filed by the Film and Television Producers Guild of India before the respondents, and to implead the petitioner and provide an opportunity of hearing to the petitioner. 2. It is the case of the petitioner that he is a partner in Rohini Movie Park, Chennai which operates four theatres comprising single-screen and small multiplexes that rely on Virtual Print Fee charged by exhibitors from procedure to compensate investment on leasing Digital Cinema Equipment. The Competition Commission of India had passed an order dated 30.09.2025 under Section 26(1) of the Competition Act, 2002 directing the Director General, Competition Commission of India to investigate PVR INOX Limited for alleged abuse of dominance in Case No.42 of 2023 which arose from the information filed by the Film and Television Producers Guild of India. The petitioner has filed an impleadment application dated 18.11.2025 and 21.11.2025 in the above case under Regulation 26 of the Competition 2 / 6 https://www.mhc.tn.gov.in/judis WP.No.46471 of 2025 Commission of India (General Regulations), 2024, since, the application is pending, the present writ petition has been filed for direction. 3. The learned senior counsel for the petitioner submitted that since order that would be passed by the Competent Commission of India will be in rem, the petitioner is also having interest in that matter and thus, the petitioner has to be heard as per the Regulation 26 of the Competition Commission of India (General Regulations), 2024. 4. The learned Additional Solicitor General of India submitted that they will consider the application for impleadment as per the law and decide the issue. According to him, there are numerous application pending all over India and they will consider the petitioner's application as per law. 5. Considering the limited relief sought for in this petition, this Court without going into merits of the case directs the Competition Commission of India/respondents to consider the application of the petitioner for impleadment as per 3 / 6 https://www.mhc.tn.gov.in/judis WP.No.46471 of 2025 law strictly in terms of the Regulation 26 of the Competition Commission of India (General Regulations), 2024. Since any order of the Commission will have an effect of binding nature for all the persons in the same business, let the respondents decide the issue of the petitioner if he has interest in the matter as per Regulation 26 of the Competition Commission of India (General Regulations), 2024, expeditiously, preferably, within a period of four weeks from the date of receipt of a copy of this Order. 6. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 08.12.2025 dhk Index :Yes/No Internet :Yes/No Neutral Citation : Yes 4 / 6 https://www.mhc.tn.gov.in/judis WP.No.46471 of 2025 To 1.The Secretary The Competition Commission of India 9 th Floor, Office Block-I Kidwai Nagar East New Delhi – 110 023 2.The Competition Commission of India Regional Office (South), Chennai 652, Anna Salai, Nandanam Chennai – 600 035, Tamil Nadu 5 / 6 https://www.mhc.tn.gov.in/judis WP.No.46471 of 2025 N. SATHISH KUMAR , J. dhk W.P.No.46471 of 2025 08.12.2025 6 / 6 https://www.mhc.tn.gov.in/judis