- (1.) This appeal is directed against the judgment delivered by the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as the 'Commission') in Restrictive Trade Practices Enquiry No.159 of 1996 dated 27th October, 2000.
(2.) Brief facts which are necessary to dispose of this appeal are recapitulated as under:- The Director General (Investigation & Registration) under Section 10 (a)(iii) of the Monopolies & Restrictive Trade Practices Act, 1969 (hereinafter referred to as "the Act") sent an application that an enquiry be instituted against Bajaj Auto Limited (hereinafter referred to as the 'appellant') for indulging in restrictive trade practice within the meaning of Section 33 of the Act.
(3.) The Notice of Enquiry was issued on 18.11.1996 in pursuance of which the appellant filed its reply refuting the allegations levelled against it. According to the appellant, the agreement between the appellant and the dealers contain certain clauses which are restrictive in nature, squarely falling under Section 33 of the Act. These relate to restrictions of the territory in which the dealer is to operate, the tie-up agreement by fixing targets and maintaining the resale price. The appointment letter of the dealer dated 11.5.1994 indicates that it is restricted to 'Rajkot' alone which is restriction of an area within the terms of Section 33(1)(g) of the Act. Section 33 (1)(g) is reproduced as under:- "33. Registrable agreements relating to restrictive trade practices. - (1) Every agreement falling within one or more of the following categories shall be deemed, for the purposes of this Act, to be an agreement relating to restrictive trade practices and shall be subject to registration in accordance with the provisions of this Chapter, namely:- (g) any agreement to limit, restrict or withhold the output or supply of any goods or allocate any areas or market for the disposal of the goods;";