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2005 (8) TMI 377 - SUPREME COURTApplication for compensation under section 12B of the Monopolies and Restrictive Trade Practices Act, 1960 - Held that:- Appeal allowed. In the application filed by the applicant/respondent apart from saying that the defective machinery fitted with old/second hand parts had been supplied after considerable delay the respondent did not say a word regarding the actual loss and injury or a notional loss caused to the respondent. There is nothing on the record to suggest that any actual loss or injury was caused to the respondent. The application filed by the applicant/respondent was not only cryptic but lacked in particulars to fall-within the definition of unfair trade practice as defined in section 36A read with section 2(u) of the MRTP Act. The MRTP Commission in its order has not adverted to this fact and has not recorded a finding as to the any actual loss or injury caused to the respondent. Since the respondent in the present case failed to aver as well as prove that actually any loss or injury was caused to it which was the sine qua non for invoking the provisions of section 36A, this appeal is accepted. The MRTP Commission has also not recorded any finding as to whether any actual loss or injury or a notional loss was caused to the respondent. Accordingly, impugned order is set aside and the appeal is allowed.
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