2005 PLP 367 (CLD)
| Citation | 2005 PLP 367 (CLD) |
| Forum / Court | Monopoly Control Authority |
| Bench Members | Tariq Farooq, Chairman, Muhammad Arshad Parwaiz and Abdul Ghaffar, Members |
| Parties |
Q1: What are the key laws and sections cited in 2005 PLP 367 (CLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 367 (CLD)?
The case was heard and decided by the Monopoly Control Authority bench comprising: Tariq Farooq, Chairman, Muhammad Arshad Parwaiz and Abdul Ghaffar, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 367 (CLD) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- ‑‑‑‑Ss.19(1)(a) & 21‑‑‑Failure of Undertaking to supply requisite information ‑‑‑Imposition of penalty‑‑‑Undertaking was asked to supply ex factory price per ton/bag on specified date and to regularly supply said information through fax on weekly basis along with production and dispatches of each day of the week‑‑‑Reasons for any change of price and new prices per bag/ton were also required to be submitted‑‑‑Undertaking, however failed to supply requisite information to the Authority and instead supplied partial information in bulk after due date‑‑‑On serving notice, Undertaking again supplied partial information‑‑‑On date of hearing representative of Undertaking could not give any cogent reason for failure to comply with direction of Authority and tendered apology and requested Authority to take a lenient view‑‑ Undertaking having failed to provide required complete information on specified date, Authority ordered to impose penalty under S.19(1)(a) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970.
- Salman Akram Raja for Respondent.
- Date of hearing: 25th August, 2003.
Headnotes / Summary
Judgment & Decree
Salman Akram Raja for Respondent. Date of hearing: 25th August, 2003. Messrs Maple Leaf Cement Factory Limited (the Undertaking) was asked vide Letter No.2(287)/Fnq/(CAO R&I)/MCA/2002 dated March 25, 2003 to supply the ex factory price per ton/bag as on March 25, 2003 and to regularly supply through fax the said information on weekly basis along with production and dispatches of each day of the week. Reasons for any change of price and the new prices per bag/ton were also required to be submitted. A However, the Undertaking failed to supply the requisite information to the Authority, and instead supplied partial information in bulk vide its letter dated June 12, 2003. It was, therefore, served with a Show‑Cause Notice No.59 of 2002‑2003 on June 25, 2003, in response to which the Undertaking again supplied partial information in bulk and not on daily basis vide its letters dated June 26 and July 9, 2003. The Undertaking also requested for vacation of the show‑cause notice.
2. The matter was fixed for hearing on August 26, 2003 vide hearing notice dated August 22, 2003 but adjourned to September 25, 2003 on the written request of Mr. Salman Akram Raja, Legal Counsel of the Undertaking.
3. On September 25, 2003 Mr. Salman Akram Raja, Advocate/authorized representative appeared on behalf of the respondent Undertaking and argued the case but could not give any cogent reason for the failure of the Undertaking to comply. He, however, tendered apology of the Undertaking and requested the Authority to take a lenient view. He also undertook to supply the requisite information by October 02, 2003.
4. After considering all facts of the case, the Authority concluded that the Undertaking supplied partial information in bulk and failed to provide the requisite information on daily basis despite the clear‑cut directions of the Authority. The Authority, therefore, ordered .to impose a penalty of Rs.50,000 (Rupees fifty thousand only) under section 19(1)(a) of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 on the Undertaking. The penalty shall be paid by the undertaking within one month from the date of receipt of the order. H.B.T./11/MCA Order accordingly.