Delhi High Court dismisses MakeMyTrip plea against NCLAT order


NEW DELHI: The Delhi High Court on Wednesday dismissed a writ petition filed by Nasdaq-listed online travel agency MakeMyTrip challenging an order passed by the National Company Law Appellate Tribunal (NCLAT) to deposit 10% of a penalty amount in an appeal against the Competition Commission of India (CCI).

In its plea, the online tour operator had said that the NCLAT had passed an order without any jurisdiction.

In October, based on a complaint filed by hospitality body, The Federation of Hotel & Restaurant Associations of India, CCI had held MakeMyTrip-Goibibo (MMT-Go) and hospitality company OYO Rooms guilty of anti-competitive practices and imposed penalties to the tune of 223.5 crore and 168 crore, respectively.

MakeMyTrip’s representatives said they would not like to comment on the issue.

After the CCI order, the two companies had filed appeals in the NCLAT even as the tribunal had ordered them to deposit 10% of the imposed fine.

The online tour operator had also petitioned the Delhi High Court to suspend the interim order and wanted to seek a stay or relief on behavioural changes as directed by the CCI.

The CCI had also directed both MakeMyTrip and its company Goibibo to change its market behaviour and modify its agreements with hotels so as to remove price and room availability parity obligations imposed by it on its hotel partners with respect to other online travel agencies. It also said that MMT was favouring Oyo based on confidential agreements made by the two so that Oyo would get a preference on its platform.

Earlier this month, NCLAT had stayed the imposition made by CCI on the condition of deposit of the 10% penalty amount.

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