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2004 (4) TMI 303 - SC - Companies LawWhether the Commission can at all exercise jurisdiction in respect of the complaint of unfair trade practice made by the respondent No. 1 before it ? Held that:- Merely because the effect of an unfair trade practice is felt in India, this would not clothe the Commission with jurisdiction unless the ‘effect’ is itself an ‘unfair trade practice’ within India. This follows from the nature of the powers conferred on the Commission under section 36D read with section 14. The Commission, therefore, erred in holding that it would have jurisdiction only because the effect of the trade practice was felt in India. Therefore, dispose of the appeal by directing the Commission to deal with the second aspect of the preliminary objection on evidence which may be adduced by either party and in the light of the legal issues determined by us. It is clarified that in the event the Commission finds on the evidence that the appellant does not carry on business in India through the respondent No. 2 and that the alleged unfair trade practice did not take place in India, the Commission will dismiss the respondent No. 1’s complaint without deciding the matter on merits.
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