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2000 (5) TMI 951 - SC - Companies LawWhether the order passed by the Commission that appellant has indulged in restrictive trade practice and further directions to file affidavit not to repeat such practices in future are at all justifiable ? Whether the decision rendered by the Commission in UTPE/RTPE No. 15 of 1994 holding that appellant has indulged in restrictive and unfair trade practice attracting section 2(o)( ii) and section 36A(1)(i) and (vi) is at all justifiable? Held that:- There is no allegation or evidence to hold that the appellant has indulged in restrictive trade practice. In this view of the matter the learned counsel for the respondents were not in a position to support the said finding. Hence, the direction given by the Commission that the appellant shall discontinue alleged restrictive trade practices and not repeat the same in future and shall file an affidavit in compliance within six weeks from the date of the order passed in both the matters requires to be set aside. The Commission has not considered the necessary evidence and has accepted the plea of the respondent in arriving at the conclusion that the appellant board has indulged in unfair trade practice. We would again note that the Commission was not very clear about the application of the provisions of section 2(o)( ii) and it proceeded on the basis that the said section is also applicable. Further, as there is no proper finding of facts based on necessary evidence, we are of the opinion that the impugned order dated 30-5-1996 passed by the Commission in UTPE/RTPE No. 15 of 1994 holding that the appellant Board has indulged in unfair trade practices under section 36A(1)(i) and (vi) is unsustainable.
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