Decided on September 14,1993



Sardar Ali, Member - (1.) BY way of this order, which is being written in the enquiry bearing RTPE No. 200 of 1986 (mentioned at Sl. No. 1 above), 15 enquiries stand disposed of. In the remaining enquiries, mentioned at serial Nos. 2 to 15 above, a copy of the judgment is being placed "in every file while the original one is in RTPE No. 200 of 1986.
(2.) Although the restrictive trade practice(s) alleged in these enquiries are covered within the definition of Section 33(1)(a) and (c) of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as "the Act"), yet it would be appropriate to give some details of each enquiry highlighting the product(s) manufactured by the respondents other than Voltas and which are marketed/sold by the respondent, M/s. Voltas Ltd. Thus, what follows now is the description of each enquiry seriatim as mentioned above. RTPE No. 200 of 1986 ; Respondent No. 2 is engaged in the business of manufacturing jig boring machines, measuring machines and instruments, whereas respondent No. 1 (Voltas Ltd.) is a marketing company. For the purpose of sale and distribution of the above products, respondent No. 1 (Voltas) has been appointed as buyer (sole importer) on the terms and conditions contained in the agreement dated November 22, 1956/November 29, 1956, between the respondents, Voltas Ltd. and SOCIETE GENEVOSTE, the seller. The Director-General (Investigation and Registration) (hereinafter referred to as "the Director-General") has taken exception to the following clauses of the said agreement : " 2. The buyer shall not sell the goods of the seller to any person who is not residing or carrying on business within the territory nor to any person residing or carrying on business within the territory for the purpose of resale by such person outside the territory." "3. The buyer shall use his best endeavours to promote the interests of the seller and specifically shall not deal in or sell goods which could compete with those of the seller." " 6. For the consideration aforesaid the seller agrees not to sell any goods as mentioned before to any individual or firm within the territory other than the buyer and all enquiries and orders received by the seller from the territory shall be referred to the buyer. The seller shall further not quote nor not deliver his goods to any firm outside the territory for import into the territory except with the previous consent of the buyer and at terms agreed upon with the buyer."
(3.) THE contention of the Director-General is that the terms and conditions referred to above are restrictive trade practices under Clauses (a) and (c) of Section 33(1) of the Act. RTPE No. 121 of 1986 :;

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