Neeraj Kaul, Rajshekhar Rao, SAM get interim stay for Coal India from NCLAT

The National Company Law Appellate Tribunal (NCLAT) has issued an interim stay in Coal India’s appeal from an order of the Competition Commission of India (CCI)..This interim order marks the first of its kind ever since the Competition Appellate Tribunal (COMPAT) was merged with the NCLAT..The CCI had imposed a penalty of Rs. 1773 crore on Coal India in an order dated December 12, 2013 after the Maharashtra State Power Generation Company Limited and the Gujarat State Electricity Corporation Limited alleged abuse of dominant position on the part of the company..On Coal India’s appeal, the COMPAT had, in May last year, remitted the matter back to the CCI for fresh consideration on the ground that principles of natural justice were not followed..Subsequently, the CCI passed an order in March this year, reducing the penalty to Rs. 591 crore, which Coal India appealed against. And after the merger of the two tribunals as per the Finance Act, 2017, the appeal came before the NCLAT, headed by Justice SJ Mukopadhaya..In an order passed on May 31, the NCLAT stayed the operation of the CCI’s March 2017 order. The matter will come up for hearing next on July 12..Shardul Amarchand Mangaldas represented Coal India in the matter. The team was led by Managing Partner Pallavi Shroff assisted by Partner Harman Singh Sandhu, Principal Associate Yaman Verma, Senior Associate Toshit Shandilya and Associate Gauri Mehta..The firm briefed senior Advocate Neeraj Kishan Kaul and Rajshekhar Rao to appear before the NCLAT..Karan Khanna and Neha Gupta appeared for CCI..Read the order: