MADHUBAI RATHOD Vs. K.K. SAVJANI
SUPREME COURT OF INDIA
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(1.) The challenge in the present appeals is against the order dated 22nd February, 2006 passed by the Monopolies and Restrictive Trade Practices
Commission, New Delhi (for short "the MRTP Commission") under Section 12B
of the Monopolies and Restrictive Trade Practices Act, 1969 (for short
"the MRTP Act"), as it then existed.
(2.) Section 55 of the MRTP Act which provides for appeal to this Court do not contemplate any challenge by way of an appeal against an order passed
under Section 12B of the MRTP Act. The appeal to the aforesaid extent,
therefore, is not maintainable.
(3.) The next limb of the challenge in the present appeal is against an order of the Competition Appellate Tribunal, New Delhi dated 16th August,
2011 refusing to review the aforesaid order dated 22nd February, 200 of the MRTP Commission. The power to review under Section 12B of the MRTP
Act vested in the MRTP Commission does not appear to be so vested in the
Competition Appellate Tribunal by virtue of the provisions contained in
Section 66 of the Competition Act, 2002. Even otherwise, having perused
the order passed by the Competition Appellate Tribunal so far as refusal
to exercise the review jurisdiction is concerned, we can find no
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