DIRECTOR GENERAL OF INVESTIGATION AND REGISTRATION Vs. SAHARA INDIA SAVING AND INVESTMENT CORPORATION LTD

JUDGEMENT

(1.) THE present application of the Director-General of Investigation and Registration is under Section 12A(2) of the Monopolies and Restrictive Trade Practices Act, 1969, read with rule 2A of Order 39 of the Civil Procedure Code for taking cognizance of the deliberate violation of the injunction orders issued under Section 12A of the Monopolies and Restrictive Trade Practices Act and it is prayed as under :

(2.) The Director-General filed an application under Section 36B(c) of the Monopolies and Restrictive Trade Practices Act against the respondents on the basis of which Restrictive Trade Practices Enquiry No. 497 of 1987 was commenced and notice of enquiry was issued. The Director-General also applied for an ad interim injunction restraining the respondents from indulging in the unfair trade practices which are being mentioned hereinafter. The first respondent is a public limited company and respondents Nos. 1(a), (b) and (c) are the directors of the same. Respondent No. 2 is a partnership firm and was appointed as an agent of the first respondent which is carrying on the business of inviting deposits from the public in its different schemes of savings. The partners of respondent No. 2, Sahara India, as disclosed, vide a writing dated October 6, 1988, under the directions of the Commission, are the following :

(3.) ACCORDING to the Director-General, as alleged in the aforesaid application, the respondents were indulging in unfair trade practices by making the following false and misleading claims :