- (1.) These are petitions under Article 136 of the Constitution for leave to appeal against the order dated 04.03.2009 of the Monopolies and Restrictive Trade Practices Commission, New Delhi, (for short 'the MRTP Commission') in Review Application No.16 of 2007 and the order dated 05.01.2010 of the Competition Appellate Tribunal, New Delhi, in Review Application No.06 of 2009.
(2.) The facts very briefly are that the respondents published an advertisement in the Hindustan Times, New Delhi inviting applications from entrepreneurs for allotment of industrial land in Greater NOIDA on payment of 10% of the cost of allotted land. In response to the advertisement, the petitioners applied for a plot and on 05.03.1994 a plot of 800 square metres in Site-C was allotted. The petitioners paid 10% of the cost of the plot on 23.03.1994. However, physical possession of the plot was not given to the petitioners on the ground that the petitioners had not paid all the dues for the plot. The petitioners then filed a complaint UTPE No.119 of 2000 before the MRTP Commission and after notice to the respondents the complaint was heard from time to time. While the complaint was pending, petitioners filed I.A. No.18 of 2004 before the MRTP Commission to take possession of the allotted plot. On 13.09.2007, the MRTP Commission passed an order directing that the respondent shall handover possession of the allotted plot within next two weeks to the complainant and as regards the balance amount, if any due, the respondents shall submit a detailed chart giving the dates on which the subsequent installments were due and the amount payable on each due date. By the order dated 13.09.2007, the MRTP Commission also directed the petitioners to furnish a fresh SSI certificate to the respondents and directed that the matter be listed on 01.11.2007 for further directions. Instead of handing over possession of the allotted plot to the petitioners, the respondents filed Review Application No.16 of 2007 on 18.12.2007 and by the impugned order dated 04.03.2009 the MRTP Commission allowed the Review Application and recalled the order dated 13.09.2007 insofar as it directed the respondents to handover possession of the plot to the petitioners. Aggrieved, the petitioners filed Review Application No.06 of 2009 before the Competition Appellate Tribunal and by the impugned order dated 05.01.2010, the Competition Appellate Tribunal dismissed the Review Application of the petitioners.
(3.) The petitioner No.3, who appeared in-person and argued on behalf of the petitioners, submitted that the order dated 13.09.2007 of the MRTP Commission directing the respondents to handover physical possession of the allotted plot to the petitioners was a consent order as it was passed on the consent of the two advocates appearing for the respondents, namely, Mr. Shakti Singh Dhakray and Mr. D.K. Sharma. He submitted that the order dated 13.09.2007 of the MRTP Commission being a consent order, the same could not have been reviewed by the MRTP Commission and on this ground the impugned order dated 04.03.2009 of the MRTP Commission recalling the order dated 13.09.2007 in Review Application No.16 of 2007 is illegal and is liable to be set aside. He further submitted that Review Application No.16 of 2007 was filed before the MRTP Commission by the respondents on 18.12.2007 more than thirty days period prescribed for filing of the Review Application. He submitted that by the time Review Application No.16 of 2007 was filed, the petitioners had filed contempt petition for violation of the order dated 18.12.2007 as well as a petition for executing the order dated 18.12.2007 before the MRTP Commission. He submitted that the MRTP Commission should not have entertained the Review Application after such long delay. He finally submitted that the stand taken by the respondents in Review Application No.16 of 2007 was that the MRTP Commission had no jurisdiction to direct the respondents to handover possession of the plot to the petitioners but there are decisions of this Court which make it clear that the MRTP Commission has the power to even direct handing over possession to the complainant.;