DIRECTOR GENERAL OF INVESTIGATION AND REGISTRATION Vs. ASIATIC PETROLEUM CORPORATION LTD.
LAWS(NR)-1996-5-2
MONO POLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION
Decided on May 06,1996

DIRECTOR GENERAL OF INVESTIGATION AND REGISTRATION Appellant
VERSUS
ASIATIC PETROLEUM CORPORATION LTD. Respondents

JUDGEMENT

U.P. Singh, Member - (1.) THIS order shall dispose of the above enquiry dated 23rd February, 1995.
(2.) THE respondent is, inter -alia, engaged in the sale and distribution of LPG and Superior Kerosene Oil under the parallel marketing system of Government of India. THE respondent has released an advertisement in the "Hindustan Times" dated 18.1.94 and 19.1.94 under the caption "the secret of Priya's smile .... lies with Asiatic Petroleum", wherein the logo of M/s. Bharat Petroleum Corporation Limited (BPCL) has appeared alongwith the logo of respondent. However, the BPCL has informed that it has not authorised any parallel marketer including the respondent to use its name or logo for the purpose of its business interest. The Notice of Enquiry which was issued on 23rd February, 1995 mentioned as under: Whereas the respondent, namely M/s. Asiatic Petroleum Co. Ltd. is, inter -alia, engaged in the sale and distribution of Liquefied Petroleum Gas and Superior Kerosene Oil (SKO) under the Parallel Marketing System of Government of India:
(3.) AND whereas in the wake of a reference from Ministry of Petroleum and Natural Gas, Director General (Investigation and Registration) has filed an application u/Section 36B(C) stating the following: 1. That the respondent has released some advertisements in the leading newspapers where the logo of M/s. Bharat Petroleum Corporation Ltd. (BPCL) has appeared alongwith a logo of paraller marketer i.e., respondent. 2. That according to Oil Co -ordination Committee established by the Government of India, the advertisement that appeared in the newspaper is highly misleading to the public as the extent of participation of BPCL in the venture is not mentioned anywhere and gives an impression that this is a joint venture of BPCL and M/s. Asiatic Petroleum Co. Ltd. 3. That BPCL has informed the applicant that it has not authorised any parallel marketer to use its name or logo for purpose of its business interest, that the agreement signed with paraller marketers is limited to the receipt of imported LPG parcels in its refinery at Bombay subject to availability of storage space and delivery of LPG into the party's tank trucks at the refinery. 4. That since the respondent has unauthorisedly linked BPCL's name for furtherance of its business interest, the latter has terminated w.e.f. 4.4.94 all agreements signed with it relating to storage/handling facilities for SKO and LPG.;


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