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2001 (1) TMI 868 - SC - Companies LawWhether the respondent has been and/or is indulging in the trade practices as alleged? Whether the said trade practices have or may have the effect of preventing/distorting or restricting competition? Whether the said trade practices have or may have the effect of imposing unjustified costs or restrictions on the consumers? Whether such trade practices are prejudicial to public interest? Held that:- Appeal allowed. Apart from the fact that the evidence on record does not show that there was any protest by Jain General Stores to the appellant against the so-called practice of sending more slow moving goods and less of fast moving goods, we find that neither in the show-cause notice nor in the additional particulars was there any mention with regard to Jain General Stores. Principles of natural justice would require that the appellant against whom an order of cease and desist could be passed under the provisions of the MRTP Act is entitled to know the case which it has to meet. Passing of an order like the present one results in civil consequences and it is now well settled that in such an event principles of natural justice have to be followed.
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