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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Monopolies and Restrictive Trade Practices Act, 1969; Ss. 2(0)(ii), 10, 33, 37 & 38:Dealership agreement-Notice-Termination on ground of non-performance as per terms of the agreement-Complaint-Commission holding that the Company indulged in certain restrictive trade practices prejudicial to public interest-Directed the Company to continue supply of the goods and take measures to amend the offending clause from dealership agreement-On appeal, Held: Allocation of an area/market for disposal of the goods amounting to restrictive trade practice-Restricting one dealer to sell the products in certain area while allowing the other dealer, amounts to discriminate1y treatment-The Company could not impose such restrictions-However, in the absence of any finding on the issue of discriminatory treatment, charges of favourable treatment against other dealer not proved. Restrictive trade practice-Scope of s.2(0)(ii) and Section 33(1)-Discussed.Dealership Agreement-Clause 7-Validity of-Held: since manufacturer could intentionally or arbitrarily withhold supply of goods and yet disown liability, it is per se restrictive trade practice. Jurisdiction of the Commission-Held: Commission vested with power to enquire into any restrictive/monopolistic trade practice upon information or suo motu-omission to record proceedings framing an issue does not vitiate the findings, however, adequate opportunity ought to have been given to the affected party-Court, while testing validity of actions taken by the Commission on the procedural aspects, should avoid a narrow approach, and adopt the approach which conforms to objective of the Act-However, Commission cannot assume the role of a Civil Court-In absence of findings as to how termination of the agreement would per se give rise to restrictive trade practice/circumvent any trade practice, the Commission should not have gone beyond its powers by reviving the Contract, and resuming supply of goods-To that extent, direction of the Commission unsustainable. |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2004 INSC 149 |
Petitioner | M/s. Peico Electronics And Electricals And Anr. |
Respondent | Union Of India And Anr |
SCR | [2004] 2 S.C.R. 883 |
Judgement Date | 2004-03-09 |
Case Number | 7079 |
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