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TEAM - C

SULTAN-UL-ULOOM COLLEGE OF
LAW INTRA MOOT COURT
COMPETITION 2020

BEFORE THE NATIONAL COMPANY


LAW APPELLATE TRIBUNAL

INFINITY TELECOM (APPELLANT)


V/S
SWAMY TELECOM (RESPONDENT)

MEMORIAL ON BEHALF OF THE


RESPONDENT
TABLE OF CONTENTS

TITLE PAGE

No.

Index of Authorities

 List of Abbreviations 4

 Table of Contents 5-7

 Books 7

 Websites 7

 Statutes 7

Statement of Jurisdiction 8

Statement of Facts 9

Summary of Arguments 11-12

Arguments Advanced 13-27

Prayer 28

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INDEX OF AUTHORITIES

LIST OF ABBREVIATIONS :-
& And
A.P. Andhra Pradesh
AIR All India Report
Anr. Another
Bom CR Bombay Criminal Reporter
BPC Barat Penal Code
Cr.P.C. Code of Criminal Procedure
Cri LJ / Cr. LJ Criminal Law Journal
Del Delhi
Hon’ble Honorable
IPC Indian Penal Code
M.P. Madhya Pradesh
No. Number
Ori. Odisha
Ors. Others
r/w Read with
Retd. Retired
S./Sec. Section
SC Supreme Court
SCC Supreme Court Cases
St. State
U.P. Uttar Pradesh
u/s Under Section
v. Versus

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INDEX OF AUTHORITIES

TABLE OF CASES:

1. AbhiramMukhi v. St. of Orissa, 1996 Cri LJ 2341

2. Aman Kumar v State of Haryana, AIR 2004 SC 1497

3. AniyanKunju&Ors v. St. of Kerela, 2008

4. Anuradha R Kshirsagar v. St. of Maharashtra, 1991 Cri LJ 411

5. Apparel Export Promotion Council v A.K. Chopra AIR 1999 SC 625

BOOKS :-

1. RatanlalandDhirajlal,TheIndianPenalCode,33rdEd.(2011)

2. P.S.A. Pillai(13th Ed. 2017)

3. Gaur, KD, Criminal Law: Cases and Materials, (6thEd. 2009)

4. Gupta and Dighe, Criminal Manual, (7thEd. 2007)

5. Kelkar, R.V. Criminal Procedure, (5th Ed. 2011)

WEBSITES :-

1. http://www.scconline.com

2. http://www.manupatrafast.com

3. http://www.findlaw.com

4. http://www.judis.nic.in

5. http://www.indiankanoon.com

STATUTES :-

1. The Competition Act, 2002.

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STATEMENT OF JURISDICTION

The Hon’ble Court has the jurisdiction to try the instant matter under
Sec. 53B(1) of the Competition Act, 2002.

SECTION 53B(1) :

The Central Government or the State Government or a local authority


or enterprise or any person, aggrieved by any direction, decision or
order referred to in clause (a) of section 53A may prefer an appeal to
the Appellate Tribunal.

The Counsels for the Respondent most respectfully submit to this


jurisdiction of the Moot Court.

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STATEMENT OF FACTS

1. Mr. Harjeet Singh established a company in March 1957 in the name of


Infiinity Pvt. Ltd. This company started its business in different in various
sectors such as Petroleum, Electricity, Mining and transport. In January
2019, Mr. Harjeet Singh entered into field of Telecommunication by
establishing a subsidiary company and launched its services under the
name and style of Infinity Telecom(hereinafter referred to as respondent).
2. Mr. Harjeet Singh in his launching speech mentioned that he is hopeful
that infinity Telecom i.e respondent will get 100 million subscribers in
the shortest period of time. This initiative is said to be one of the biggest
startup in the world. Subsequently he also announced an introductory
offer INR 49 as SIM charges whereby all the new subscribers of infinity
Telecom were to get all telecommunication services including voice call,
internet data, roaming etc without any additional cost/recharge for the
next three months till march 2019.
3. Infinity Telecom emerged as the first telecom operator which started
offering fully data centric services, entirely based on voice over long-
term evolution (VoLTE) technology which enables voice to carry over
an internet protocol (IP) network at a higher speed than earlier 2G and
3G traditional networks at a lower cost. To avail these services, the users
must have a smartphone which supports 4G network., since Infinity
Telecom also started offering 4G compatible mobile handsets at a
nominal cost of Rupees 5000 per handset only. The respondent manages
to stay stable in the market after providing free telecom services through
the sale of smartphones though the base rate of internet services is Rs.
5000 per GB.
4.

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STATEMENT OF PLEADINGS

1. whether the appeal is maintainable?

2. State the jurisdiction of the Supreme Court.

3. Whether the infinity telecom enjoys a dominant position and is guilty of

predatory pricing?

4. Whether CCI is the competent authority to decide cases on cartel?

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SUMMARY OF ARGUMENTS

ISSUE – 1
1.

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SUMMARY OF ARGUMENTS

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ARGUMENTS ADVANCED

ISSUE – 1
1.

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PRAYER
Therefore, in light of the issues raised, arguments advanced and authorities cited, may this

Hon‘ble Court be pleased to:

AND/OR

Pass any other order it may deem fit, in the interest of Justice, Equity and Good Conscience.

All of which is most humbly and respectfully submitted

Counsel for the Appellant

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