RAYMOND WOOLLEN MILLS LTD Vs. MONOPOLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION

JUDGEMENT

(1.) This writ petition arises under the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter refereed to as "the MRTP Act"). The petitioner seeks withdrawal, cancellation and annulment of the Notice of Enquiry dated 6th December, 1974, and quashing of the order dated 25th February, 1975, passed by the 1st respondent rejecting the petitioner's application for disclosure of information, copy of the complaint and the report of the Director of Investigation, and for further and better particulars. A writ of prohibition is sought prevent the 1st and 2nd respondents from proceeding further pursuant to the said impugned Notice of Enquiry and the impugned order and from taking further steps in the matter of Restrictive Trade Practice Enquiry No. 27 of 1974. An order directing the 2nd respondent not to participate in the said enquiry and also an order directing the 1st respondent to disclose the complaint and report and to give particulars and inspection are also sought among other reliefs.

(2.) The petitioner has three separate undertakings, viz., Woollen Mills Division, Wool Combing Division and Engineers Files Division. The Engineers Files Division, manufactures, sells and supplies steel files in the name of J. K. Engineering Files with the brand names "SUNFLOWER', "SHER", "ROCK", etc. According to the petitioner, the value of the assets of these Divisions and undertakings does not exceed Rs. 20 crores, and the petitioner-Company is not a single undertaking coming within the ambit of clause (a) (i) 0f s. 20 of the MRTP Act, and according to the best information and belief of the petitioner-Company, the J. K. Engineers Files Division is a single dominant undertaking coming within the ambit of clause (b) (i) of s. 20, and the value of the assets of the said undertaking as at 31st December, 1969, was Rs. 187.75 lakhs, and the total quantity in lakh dozens in the year 1969 and hit the target of 5.37. This information has been gathered from the relevant extract of the application dated 28th October, 1970, of the petitioner-company made to the Central government under s. 26 of the MRTP Act which was furnished during the course of the hearing. The Central Government have registered the petitioner under s. 26 (2) and issued a certificate dated 12th November, 1970 (Ex. E to the petition). It was stated during the hearing that J. K. Engineers Files Division Produced or Manufactures about 50 per cent. of the files requirement of the country.

(3.) Respondent No. 1 to the petition is the Monopolies and Restrictive Trade Practices Commission established under s. 5 of the MRTP Act. Respondent No. 2 is the Director of Investigation appointed under s. 8. Respondent No. 3 is the Registrar, Restrictive Trade Agreements, who is appointed under s. 34 of the MRTP Act.