9911796707
TMI Blog1998 (11) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... onopolies and Restrictive Trade Practices Commission at the behest of its Director General of Investigation and Registration. A notice of enquiry was issued to the appellant. At the hearing thereof, the appellant did not contest the allegation made in the notice of enquiry and expressed willingness on the very first date of hearing before the Commission to submit to a cease and desist order, which was passed. What is objected to on behalf of the appellant is this further direction of the Commission: 'If the respondent wants to issue an advertisement in future about its product, it will get a draft of its advertisement approved by the Commission.' 3. Impugning the power of the Commission to issue such further direc- tion, the appellant file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents, emphasized the amended provision upon which the High Court had relied and submitted that there was power in the Commission to issue the impugned direction. 5. Section 36D of the Act as it originally stood, read as follows : "Powers which may be exercised by the Commission inquiring into an unfair trade practice.-(1) The Commission may inquire into any unfair trade practice which may come before it for inquiry and, if, after such inquiry, it is of opinion that the practice is prejudicial to the public interest, or to the interest of any consumer or consumers generally, it may, by order direct that- (a)the practice shall be discontinued or shall not be repeated; and (b)any agreement relating to such unfair trade practice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rement to disclose information relates only to the unfair trade practice then under inquiry. As to public interest, the Commission is sufficiently armed under the Act with powers to take action against those who breach its cease and desist orders. We do not think that it requires the additional power of supervi- sion of the kind indicated either in the impugned direction of the Commis-sion or in the order under challenge to effectively carry out its obligations. The Commission cannot incorporate such direction in its final cease and desist orders. Accordingly, the appeal is allowed. The judgment and order of the High Court under appeal is set aside. The writ petition filed by the appellants before the High Court is allowed to the extent af ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
