P.N. Bakshi, J. - (1.) THIS writ petition arises out of the proceedings pending before the Monopolies and Restrictive Trade Practices Commission. The petitioner is a limited liability company registered under the Companies Act. It carries on business of manufacture and sale of nylon yarn. On 19th September, 1973, an agreement was entered into between four nylon spinners, viz., the petitioner and respondents Nos. 23, 24 and 25, namely, Garware Nylons Ltd., Nirlon Synthetic Fibres and Chemicals Ltd. and Modipon Ltd. on the one hand, and 18 associations of actual users of nylon yarn, respondents Nos. 5 to 22, on the other. The petitioner's case was that this agreement (hereinafter called the " September agreement") was executed for the purpose of having an equitable distribution of nylon yarn at concessional prices at the instance of and under the supervision and approval of the Central Government. On 21st November, 1973, the Commission received a memorandum from the All India Crimpers Association, Bombay, consisting of 23 members bringing to the notice of the Commission the aforementioned September agreement. It was alleged on behalf of the association that the operation of the agreement resulted in a number of restrictive trade practices. It was prayed that the Commission may institute an inquiry into the matter. It appears that the Commission on receipt of the memorandum decided to take action under Section 10(a)(iv) of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter called " the MRTP Act"). and has directed an inquiry under Section 37 of the said Act. A notice dated November 30, 1973, annexure " B ", was issued under Section 7 of the Restrictive Trade Practices (Enquiry) Regulations, 1970 (hereinafter referred to as " the Regulations of 1970 "), calling upon the petitioner and respondents Nos. 5 to 25 to put in their appearance and to file statements of their case on or before January 25, 1974. Time for filing the statements was extended by the Commission up to February 15, 1974. It appears that on February 14, 1974, the nylon spinners filed an application before the Commission challenging the issuance of the notice under Section 10(a)(iv) of the M.R.T.P. Act, and praying for disclosure and inspection of all the facts and records on the basis of which the said notice had been issued by the Commission on its own knowledge and information. By an order dated 5th March, 1974 (annexure " C "), the Commission was of the opinion that it was the operation and working and giving effect of the provisions of the agreement alone which led to " restrictive trade practices " set out in the notice issued under regulation 7. As such, the question of disclosure of any other facts or inspection of any document did not arise. Thereafter, the nylon spinners filed their written statements, vide annexure " E ". Respondent No. 5 filed the statement of his case, vide annexure " F ". The Registrar, respondent No. 2, acting under Regulations of 1970 and 1971, filed his answer to the statement of the case referred to above. The nylon spinners then submitted their replies to the answers of the Registrar. On 13th July, 1974, the 1970 Regulations was repealed and in their place the Monopolies and Restrictive Trade Practices Commission Regulations, 1974 (hereinafter called "Regulations of 1974") came into force. On 12th August, 1974, the nylon spinners filed certain preliminary objections and prayed for a decision thereon. The Director of Investigation, respondent No. 1, put in appearance instead of the Registrar, respondent No. 2. This was objected to by the nylon spinners on the ground that 1974 Regulations were inapplicable. Thereafter, the following issues were framed : " 1. Whether the agreement dated September 9, 1973, has the approval of the Central Government within the meaning of Section 33(3) of the Monopolies and Restrictive Trade Practices Act ?
(2.) IF the answer to issue No. 1 be in the affirmative, whether the agreement is outside the purview of Sections 10 and 37 of the Monopolies and Restrictive Trade Practices Act ? Whether on a true construction of the agreement dated September 9, 1973, the operation of the said agreement results in restrictive trade practices as alleged in the notice dated 30th November, J973, within the meaning of Section 2(o) of the Monopolies and Restrictive Trade Practices Act?
(3.) WHETHER the notice dated 30th November, 1973, is without jurisdiction and/or in contravention of statutory provisions and/or in violation of the rules of natural justice, as alleged in para. 5 of the application of respondents Nos. 1 -4 dated August 12, 1974 - 2. The aforesaid preliminary issues were disposed of by the Commission by two judgments, annexure " D " dated 21st October, 1974 [Agreement relating to Nylon Filament Yarn, In re : Ex parte J. K. Synthetics Ltd., [1976] 46 Comp Cas 357 . The majority judgment is that of the Chairman, Justice J. L. Nain and Dr. H. K. Paranjape. The dissenting judgment is that of Sri H. M. Jhala. He differed only on the decision of issue No. 1 and held that the September agreement has the approval of the Central Government within the meaning of Section 33(3) of the M.R.T.P. Act. 3. In view of the majority judgment all the four issues were answered against the nylon spinners, who were directed to pay Rs. 3,000 as costs to the Director of Investigation, vide order of the Commission dated 21st October, 1974 (annexure " D "), [1976] 46 Comp Cas 357. 4. Aggrieved thereby the present writ petition has been filed by one of the nylon spinners, namely, M/s. J. K. Synthetics Ltd., impleading the other nylon spinners as respondents Nos. 23 to 25 and the other signatories of the September agreement as respondents Nos. 5 to 22 to this petition, besides respondents Nos. 1 to 4.;