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JUDGMENT
(1) + CRL.M.C. 3240/2015 STERLING CELLULAR LTD. Petitioner Through: Mr. Siddharth Luthra, Senior Advocate, with Mr. Manu Nair, Mr. Anuj Berry, Mr. Sourabh Rath and Mr. Anoopam Prasad, Advocates versus CENTRAL BUREAU OF INVESTIGATION.....Respondent Through: Mr. Anand Grover, Senior Advocate, with Mr. Mihir Samson, Ms.. Chitralekha Das, Mr. Rajat Soni, Advocates with R.A. Yadav, DSP-CBI (ii) + CRL.M.C. 3244/2015 HUTCHISON MAX PVT LTD PENINSULA CORPORATE PARK Petitioner Through: Mr. Siddharth Luthra, Senior Advocate, with Ms. Jasleen K. Oberoi and Mr. Ayush Sharma, Advocates versus CENTRAL BUREAU OF INVESTIGATION.....Respondent Through: Mr. Anand Grover, Senior Advocate, with Mr. Mihir Samson, Ms. Chitralekha Das, Mr. Rajat Soni, Advocates with R.A. Yadav, DSP-CBI CORAM: HON'BLE MR.
JUSTICE SUNIL GAUR CRL.MCs. 3240 & 3244 Of 2015 - Page 1 2015:DHC:11291 D ORDER % 14.08.2015 CrI.M.A. 11516-18/2015 (Exemption) in CRL.M.C.3240/201 5 Allowed subject to all just exceptions. Crl.M.A. 11528-30/2015 (Exemption) in CRL.M.C.3244/20 15 Allowed subject to all just exceptions. CRL.M.C. 3240/2015 & Cri.M.A.11515/2015 (Stay) CRL.M.C. 3244/2015 & CrLM.A.11527/2015 (Stay) is At the outset, learned senior counsel for respondent-CBI raises a question of the maintainability of these petitions and relies upon decision of a Division Bench of this Court in Essar Teleholdings Ltd. v. The 70/2012 on 24th January, 2012, which reads as under: - "We have heard the learned counsel for the parties for some time. In view of the orders of the Supreme Court dated 10.2.2011, 16.03.2011 and 11.04.2011 passed in Civil Appeal No. 1066012010, we feel that it would be appropriate that the parties seek a clarification from the Supreme Court as to whether this court can proceed with the hearing of this writ petition. In order to enable them to do so, we are holding this matter over till the next date." In light of the aforesaid, this Court has expressed its regret to hear this matter and in view thereof, learned senior counsel for petitioners seeks permission to withdraw these petitions with liberty to file Special Leave Petition against the impugned orders. These petitions and the applications are disposed of as withdrawn CRL.MCs. 3240 & 3244 of 2015 Page 2 with liberty as aforesaid. Copy of this order be given dasti to learned counsel for petitioners.
JUDGE AUGUST 14, 2015