Home Case Index All Cases Companies Law Companies Law + AT Companies Law - 2023 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (5) TMI 935 - AT - Companies LawAnti-competitive conduct by various bidders in supply and installation of signages at specified locations of State Bank of India across India - bid-rigging and cartelisation in the tender floated by SBI Infra Management Solutions Pvt. Ltd. (SBIIMS) - Section 19(1) of ‘the Competition Act, 2002 - HELD THAT:- There is no force in the argument of counsel for the Appellant insofar as she has submitted that two emails dated 02.06.2018 and 04.06.2018 cannot be relied upon against the company as well as the Director because the said emails are coming from the other party and neither the company nor the Director has copied the email or part of the email. This argument cannot be accepted because at that time, there was not a whisper that ultimately this matter is going to be taken in its Suo Motu jurisdiction by the Commission for the purpose of finding out as to whether there has been a cartel of the bidders which is contrary to the provisions of the Act and, therefore, the role ascribed to Manish Jodhavat has been thoroughly discussed in Para 77 to 92 of the impugned order with which we are totally satisfied that the company as well as Manish Jodhavat was somehow or the other were involved and, therefore, the conclusion drawn by the Commission cannot be faulted. There are no merit in the present appeal and the same is hereby dismissed.
|