Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Monopolies and Restrictive Trade Practices Act 1969-Section 33 (i) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Monopolies and Restrictive Trade Practices Act, 1969-Section 33 (i) as substituted w.e.f. 1.8.84-Deeming clause-Limitation of Court to ignore mandate of legislature-Trade practices enumerated in clauses (a) to (l) of sub-section (1) of Section 33-Shall be deemed to have been statutorily determined and specified as restrictive trade practices-Neither Commission nor Court can question the wisdom of Parliament-Such agreement has to be registered.Sections 37 and 38-Scope of inquiry by Monopolies and Restrictive Trade Practices Commission--if commission satisfied that any practice held to be restrictive trade practice does not restrict or discourage competition in any trade or industry-No order u/s 37 to be passed to desist or discontinue such practice or declare agreement void.The appellant had entered into agreements with large number of companies in respect of distribution of different machineries and equipments within different territories of India. Under the terms of the agreements different types of machines and instruments were to be distributed by the appellant as the Marketing Company. The appellant had been appointed as Buyer (Sole Importer) on the terms and conditions mentioned in different agreements. In the year 1986, notices were issued u/s 10(a) (iii) r/w s. 37 of the Monopolies and Restrictive Trade Practices Act, 1969, informing the appellant that the agreements between the appellant and the different companies contained conditions which amounted to restrictive trade practices under clauses (a) and (c) of Section 33(1) of the Act. The Monopolies and Restrictive Trade Practices Commission directed the appellant to discontinue the restrictive trade practices as mentioned in the Notice of Enquiry, and not to repeat the same in future and further that the objectionable clauses, as mentioned in the Notices be deleted from the respective agreements, within 8 weeks of the receipt of the said order.The appellant urged that inspite of the amendment in sub-section 1 of section 33 w.e.f. 1.8.1984, the power of the Commission or of this Court has in no way been curtailed or abridged and the Commission or this Court, can examine an agreement for recording a finding as to whether any of the clauses of such agreement relates to restrictive trade practices; that for passing an order u/s 37, first it has to be examined as to whether the agreement relates to any of the restrictive trade practices and if the Commission is satisfied that it relates to one or more restrictive trade practices within the meaning of Section 2(O) of the Act, then the Commission has to examine as to whether such agreement is prejudicial to the public interest; that Section 37 contemplates and conceives inquiry in respect of any restrictive trade practice relating to an agreement which has been registered u/s 35 as well as an agreement which has not been so registered; that while amending sub-section 1 of Section 33, Section 2(O) was not deleted or substituted and that has left an apparent conflict between Section 2(O) and Section 33(1) of the Act, that after the amendment of sub-section 1 of Section 33, there is no forum where a person can show that although it may appear that any of the clauses of the agreement, relate to a restrictive trade practice specified in clauses (a) to (l) of sub-sec. 1 of Section 33, but such clauses cannot be held to be covered by any of the clauses. |
Judge | Hon'ble Mr. Justice N.P. Singh |
Neutral Citation | 1995 INSC 102 |
Petitioner | M/s Voltas Ltd. Bombay |
Respondent | Union Of India And Ors. |
SCR | [1995] 1 S.C.R. 947 |
Judgement Date | 1995-02-07 |
Case Number | 2252 |
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