REGISTRAR OF RESTRICTIVE TRADE AGREEMENTS Vs. ESCORTS LTD
MONO POLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION
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(1.) THIS is an application filed by the Registrar of Restrictive Trade Agreements (hereinafter referred to as " the Registrar") praying that the respondent may be directed to make full discovery of and to produce all the relevant material documents, particularly the documents mentioned in para. 4 of the application which according to the Registrar are in the possession or power of the respondent.
(2.) An enquiry under Sections 10(a)(iii) and 37 of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as " the Act ") was started against the respondent on the basis of an application by the Registrar dated November 29, 1975. The respondent is a limited company engaged in manufacturing and/or marketing, inter alia, Ford tractors, Escort tractors, road rollers, trailers, motor cycles, scooters and implements, accessories and parts thereof. The Registrar referred to the agreements entered into by the respondent with several parties for the sale and distribution of its products. These agreements were (i) dealer's sales agreement for the sale and distribution of Ford tractors, trailers, implements, accessories, spare parts and Kamani road rollers, (ii) dealer's sales agreement for the sale and distribution of Escorts tractors, trailers, implements, accessories, spare parts and Kamani road rollers, (iii) dealer's sales agreement for the sale and distribution of Rajdoot motor cycles, scooters and spare parts and accessories thereof, (iv) general sales and service dealer's agreement for the sale and distribution of tractors, trailers, implements, motor cycles and their spare parts and accessories, and (v) sub-dealer's sales agreement for the sale and distribution of Rajdoot motor cycles, scooters and their spare parts and accessories.
The Registrar alleged that the terms and conditions of these agreements related to certain restrictive trade practices, that these trade practices had and may have the effect of preventing, distorting and restricting com-petition and that they were prejudicial to public interest.
(3.) THE respondent after filing its memorandum of appearance and after unsuccessfully requesting the Commission to institute separate enquiries in respect of different agreements, filed its reply dated May 5, 1976. THE Registrar filed his rejoinder dated June 17, 1976. THEreafter, the Registrar applied for directions to the respondent for furnishing better and further particulars, for permission to deliver interrogatories to the respondent and for order to the respondent to make discovery of documents under Order 11, rule 13 of the Civil Procedure Code. THE Commission by its order dated July 30, 1976, issued the directions prayed for. THE respondent by an affidavit of its principal officer dated September 20, 1976, dealt with the interrogatories delivered to it by the applicant. An application by the Registrar for further directions relating to interrogatories was disposed of by the Commission by its order dated November 9, 1976 and the Commission directed the respondent to answer questions Nos. 3, 7 and 12 in more detail.;
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