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2008 (9) TMI 555 - SC - Companies LawWhether a party can be held guilty of unfair trade practice as referred to in section 36A of the MRTP Act, although he did not supply any goods at all? Held that:- Allow the appeal. Even without actual sale of goods, such an act on the part of the supplier could also amount to ‘unfair trade practice’ and section 36A cannot in absolute terms be said not to apply to a situation where goods may not have been sold at all. In fact, such a situation may also be covered even by the provisions of sub-clause (ii) or ( vi) of sub-section (1) of section 36A of the above Act. Therefore agree with my learned brother that the judgment of the MRTP Commission cannot be sustained and is required to be set aside.
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