9911796707
TMI Blog2024 (11) TMI 939X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of Sections 3 and 4 of the Act by Mr. Sarfarazbhai Rafique Bhai Ravani ("Opposite Party No. 1"), Mr. Ratan Chand Premchand ("Opposite Party No. 2"), Ms. Mina Ajay Kumar Rani ("Opposite Party No. 3"), Mr. Surjinandar Singh Mamraj ("Opposite Party No. 4") and Mr. Chander Shekhar Yashpal ("Opposite Party No. 5") (hereinafter OP-1 to OP-5 are collectively referred to as the "Opposite Parties/OPs"). 2. The Informant is Senior Executive Secretary of the SRIA, incorporated under the Bombay Non- Trading Corporation Act, 1959. SRIA represents micro, small and medium enterprises engaged in ship recycling activities primarily based in Gujarat. 3. As per the Informant, members of SRIA are involved in supplying Alang based scrap iron as well as oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that the WhatsApp groups created by OPs clearly indicate an agreement between them to abuse their position in the market. 6. It has been stated that the Informant filed an FIR dated 23.06.2023, against unknown persons with the Bhawnagar Police Station. In the said FIR, it has been stated that certain unknown persons are operating a WhatsApp group and website who are not related/ involved in the business of plates or scrap and have dishonestly created false identity through electronic mediums and are spreading false prices of plates and scrap. The Informant has also enclosed two newspaper articles stating that a complaint has been filed by the Informant against certain unknown persons with the cyber police for spreading of false pric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The OPs are acting as illegal intermediaries in the market and trying to manipulate the buyers and current pricing system of the sellers by spreading rumours and false rates of the scrap material. The Informant has also stated that some of the OPs are also acting as buyers to remain in sync with the intermediaries to influence other real buyers. Further, these intermediaries have created a dominant position and may cause adverse effect in the market. b. The price of the commodities is decided solely based on demand and supply chain in the market. There is a drastic change in the price of the scrap material after involvement of these intermediaries as they try to manipulate the pricing system by spreading false rumours in the market about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Informant has submitted that there exists an indirect agreement between these intermediaries in the form of a cartel. It has been alleged by the Informant that OPs would abuse their dominant position in times to come to control the whole market and create monopoly in the market, which would cause significant impact on the market dynamics. Therefore, practices of OPs would amount to abuse of dominant position as envisaged under Section 4 of the Act. 10. The Commission considered the material available on record in its ordinary meeting held on 01.05.2024 and decided to pass an appropriate order in due course. 11. Having considered the Information and subsequent submissions of the Informant and other material available on record, the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
