Anil Kumar Sen, J. - (1.) A summons under Section 12 of the Monopolies and Restrictive Trade Practices Act, 1969 (Act 54 of 1969, hereinafter referred to as the said Act) issued on April 14, 1972 by the Monopolies and the Restrictive Trade Practices Commission (hereinafter referred to as the said Commission) and an order dated May 12, 1972 passed by the said Commission are the subject-matter of challenge in the writ petition.
(2.) M/s. Keshoram Industries and Cotton Mills Limited (hereinafter referred to as Keshoram Industries) applied for Central Government's approval under Section 22 (2) of the said Act to a proposal for the establishment of a factory at Patan, District Sikar in the State of Rajasthan for the manufacture of cement. Central Government made a reference under Section 22 (3) (b) of the said Act to the said commission to make necessary inquiries and report its opinion such application. On February 4, 1971 the said commission issued a notification inviting informations from all concerned over such reference and then started its inquiries. Obviously in its endavour to find out whether the undertaking proposed to be established would be "interconnected" undertaking within the meaning of the said Act with the present petitioner the Hindusthan Motors Limited, the commission first issued a summons under Rule 12 of the said Act on December 29, 1971, for production of certain documents referred to in the summons. Though the petitioner first objected production of such documents on the ground of irrelevancy, it produced certain documents in answer to the summons. Then followed certain correspondence between the said commission and the petitioner -- the commission either asking for disclosure of more documents and informations or seeking more clarifications and the petitioner complying with the same but not without protest.
(3.) In the background of such correspondence on March 10, 1972 the Director of Investigation for and on behalf of the Commission asked the petitioner to furnish copies of the reports, if any, of Sri B. M. Birla on his foreign tours referred to in the Minutes of the Board of Directors dated 25-4-69, 31-7-70 and 30-8-71 and in case there be no such report certain informations referred to in the requisition letter. In answer to such requisition the petitioner replied on March 31, 1972 by saying that the reports sought for are wholly irrelevant for the purpose of the Commission's inquiries in the case of Keshoram Industries. At this the Commission issued the impugned summons dated April 14, 1972 under Section 12 of the said Act directing production of the following documents:-- "1. Cashbook, ledger and journal of the company covering the calendar year 1971. 2. Minute books of the Committee of Directors of the company for the calendar years 1970 and 1971. 3. Reports of Sri B. M. Birla on his foreign trips referred to in the Board's Minutes of your company dated 25-4-69, 31-7-70 and 30-8-71." The covering letter of this summons further qualified the summons as follows:-- "You shall be deemed to have complied with the summons so far as item No. 1 of the summons is concerned if the details of the travelling expenses and hotel expenses paid by your company to Sri B. M. Birla during the calendar year 1971 are furnished with the Commission along with the purpose of such tours. So far as the remaining two items mentioned in the summons are concerned, you shall be deemed to have complied with the summons if the requisite documents are produced before the Director of Investigation at the office of the Regional Director, Company Law Board, Narayani Building, 4th flooor, Brabourne Road, Calcutta-1 at the time and the date specified in the summons.";