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2008 (5) TMI 414 - SC - Companies LawWhether the alleged "restrictive trade practice" is "prejudicial to public interest" within the meaning of section 38 of the MRTP Act? Held that:- Appeal allowed. In the instant case, the complainant/informant had requested for refund of the security amount and, therefore, it was refunded. It was really not a case of "termination of dealership". There was no charge or allegation of termination of dealership in the notice of enquiry, therefore, the Commission was not justified in passing the order based on "termination of dealership". Even otherwise also, the termination of single dealership cannot affect competition to any "material degree" in the relevant trade or industry within the meaning of clause (h) of section 38(1) of the MRTP Act.
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