Banerjee, J. - (1.) These two appeals under Section 55 of the Monopolies and Restrictive Trade Practices Act (hereinafter referred to as the 'MRTP Act') are directed against the order of the Monopolies and Trade Practices Commission under Section 12-A of the MRTP Act dated 30th April, 1998 in matter No. UTPE 415 of 1997. The matter pertains to colgate toothpaste, a product of Colgate Palmolive (India) Limited and by reason of a complaint from M/s. Hindustan Lever Limited being the Appellant in the 2nd appeal. Whereas CA No. 2620 of 1998 is against the order of the Commission containing an order of restraint as regards the display of the ring round the family as "Suraksha Chakra" in Colgate Plamolive's hoardings, print advertisements and T. V. commercials, the CA No. 3288 of 1998 filed by M/s. Hindsutan Lever Limited is against the order of refusal on the part of the Commission to put a total ban on the product of the Colgate Palmolive as noticed above.
(2.) Before adverting to the rival contentions, be it noted that the M. R. T. P. Act as originally framed did not confer any power on to the Commission to grant temporary injunction during the course of inquiry. The Sachhar Committee report, however, recorded that power to issue temporary injunction order ought to be made availale to the Commission in order to give effect and strengthen the jurisdiction and authority of the Commission and it is by reason therefor the Legislature thought it fit to incorporate Section 12-A in the body of the Act by MRTP Amendment Act, 1984 conferring such a power to the Commission.
(3.) While it is true that the conferment of power, under Section 12-A, has very wide ramifications but the Legislature was itself conscious enough to record in the body of the section certain in-built requirements to be fulfilled in order to clothe the Commission with the authority and jurisdiction in the matter of grant of an order of injunction and it is on this perspective that Section 12-A ought to be noticed at this juncture. Section 12-A reads as below:- "12A. Power of the Commission to grant temporary injunctions- (1) Where, during an inquiry before the Commission, it is proved, whether by the complainant, Director General, any trader or class of traders or any other person, by affidavit or otherwise, that any undertaking or any person is carrying on, or is about to carry on, any monopolistic or any restrictive, or unfair, trade practice and such monopolistic or restrictive, or unfair trade practice is likely to affect prejudicially the public interest or the interest of any trader, class of traders or traders generally or of any consumer or consumers generally, the Commission may, for the purposes of staying or preventing the undertaking or, as the case may be, such person from causing such prejudicial effect, by order, grant a temporary injunction restraining such undertaking or person from carrying on any monopolistic or restrictive, or unfair, trade practice until the conclusion of such inquiry or until further orders. (2) The provisions of Rules 2A to 5 (both inclusive) of Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, as far as may be, apply to a temporary injunction issued by the Commission under this section, as they apply to a temporary injunction issued by a Civil Court, and any reference in any such rule to a suit shall be construed as a reference to an inquiry before the Commission. [Explanation I - For the purposes of this section an inquiry shall be deemed to have commenced upon the receipt by the Commission of any complaint, reference or as the case may be, application or upon its own knowledge or information reduced to writing by the Commission. Explanation II - For the removal of doubts, it is hereby declared that the power of the Commission with respect to temporary injunction includes power to grant a temporary injunction without giving notice to the opposite party.]" ;