BALLARPUR INDUSTRIES LIMITED Vs. DIRECTOR GENERAL OF INVESTIGATION AND REGISTRATION MRTP COMMISSION

JUDGEMENT

(1.) By this petition field under Article226 of the Constitution the petitioner, a public limited company. engaged in the manufacturc- of paper seek to have anotice of inquiry issued by the Monopolies and RestrictiveTrade Pra.ctices Commission, the second respondent (tor short'the Commission') and the further order of the Commissionrefusing, to set aside the said notice of inquiry and the proceedings in pursuance thereto quashed.

(2.) The facts which are in brief may be set out.

(3.) On 3-6-1985 the Commission issued a notice underSection 10(a)(i) and 10(a)(iv) and Section 37 of the Monopolies and Restrictive Trade Practices Act, 1969 (for short'the Act') and Regulation 58 of the Monopolies and RestrictiveTrade Practices Commission Regulations. 1974 (for short'the Regulations') ordering that an inquiry be instituted againstthe petitioner to inquire into certain trade practices allegedagainst the petitioner and it those trade practices had ormight have the effect of preventing/distorting or restrictingcompetition or having the. effect of imposing unjustified costsor restriction.s on the consumers and if such trade practiceswere prejudicial to public interest. It was mentioned in thenotice of inquiry that a complaint under Section 10(a)(i) ofthe Act had been received aganst the petitioner by the Commission and that the Commission had also received information alleging certain restrictive trade practices being indulgedin by the petitioner. The complaint and the information werereferred to the Director General as defined in Section 2(c)of the Act under Section 11 of the Act for the purpose ofinvestigation and report. The Director General submittedtwo reports. On eamination of the complaint and the reportsit appeared to the Commission that the petitioner, a manufacturer of paper and paper products had appointed wholesalers/stockists/distributors for the purpose of distribution of itsproducts. It was also found: