The Delhi High Court on Thursday sought response of the Competition Commission of India (CCI) on the appeals of Facebook and WhatsApp against a single judge order dismissing their pleas against a probe ordered into the messaging app’s new privacy policy.

A bench of Chief Justice D N Patel and Justice Jasmeet Singh issued notice to the CCI that had ordered the probe and sought its response by May 21, the next date of hearing.

The single judge on April 22 had said though it would have been ”prudent” for the CCI to await the outcome of petitions in the Supreme Court and the Delhi HC against WhatsApp’s new privacy policy, but not doing so would not make the regulator’s order ”perverse” or ”wanting of jurisdiction”.