Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 2008 (5) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (5) TMI 409 - SC - Companies LawWhether the Notice of Enquiry (NOE) is not maintainable for the preliminary objection taken by the appellant in its reply to the NOE? Whether the appellant has indulged in or is indulging in the alleged restrictive trade practices? Whether the alleged restrictive trade practices are not prejudicial to public interest? Held that:- Appeal filed by the appellant is allowed with costs and the impugned judgment passed by the Monopolies and Restrictive Trade Practices Commission is set aside. In the instant case, neither the notice nor the application even allege that the appellant has ever indulged in or that the alleged trade practice has or may have the effect of preventing, distorting or restricting competition in any manner and in particular it, inter alia, tends to obstruct the flow of capital or resource into the stream of production or tends to bring about manipulation of prices or conditions of delivery or to affect flow of supplies into the market in such a manner so as to impose unjustified costs and/or restrictions on the consumers of goods in question and therefore ex facie neither notice nor the application are maintainable. Thus the Commission must be extremely careful before issuing notices to the parties because it has serious consequences on the reputation and credibility to the activities of those parties. Frivolous notices breed long-drawn avoidable litigation before various forums.
|