2010 (9) TMI 215 - SUPREME COURT

Duties, powers and functions of commission, Appellate Tribunal, Legal representation

Whether the directions passed by the Commission in exercise of its powers under section 26(1) of the Act forming a prima facie opinion would be appealable in terms of section 53(A) of the Act?

What is the ambit and scope of power vested with the Commission under section 26(1) of the Act and whether the parties, including the informant or the affected party, are entitled to notice or hearing, as a matter of right, at the preliminary stage of formulating an opinion as to the existence of the prima facie case?

Whether the Commission would be a necessary, or at least a proper party in the proceedings before the Tribunal in an appeal preferred by any party?

At what stage and in what manner the Commission can exercise powers vested in it under section 33 of the Act to pass temporary restraint orders?

Whether it is obligatory for the Commission to record reasons for formation of a prima facie opinion in terms of section 26(1) of the Act?

What directions, if any, need to be issued by the Court to ensure proper compliance in regard to procedural requirements while keeping in mind the scheme of the Act and the legislative intent? Also to ensure that the procedural intricacies do not hamper in achieving the object of the Act, i.e., free market and competition?