2005 PLP 326 (CLD)
| Citation | 2005 PLP 326 (CLD) |
| Forum / Court | Monopoly Control Authority |
| Bench Members | Tariq Farook, Chairman, Muhammad Arshad Parwaiz and Abdul Ghaffar, Members |
| Parties | |
| Primary Law | Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 326 (CLD)?
This judgment primarily cites: Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 326 (CLD)?
The case was heard and decided by the Monopoly Control Authority bench comprising: Tariq Farook, 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 326 (CLD) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Zaheer for Respondent.
- Date of hearing: 25th August, 2003.
Headnotes / Summary
‑‑‑‑Ss.19(1)(c) & 21‑‑‑Failure of Undertaking to supply requisite information‑‑‑Imposition of penalty‑‑‑Undertaking was asked to supply ex factory price per ton/bag as on 25‑3‑2003‑‑‑Undertaking was also asked to regularly supply said information on weekly basis along with production and dispatches of each day of week‑‑‑Reasons for any change of price were also required to be submitted‑‑‑Undertaking having failed to supply requisite information to Authority, show‑cause notice was served upon Undertaking‑‑‑In response to said notice Undertaking supplied requisite information vide its letter dated 27‑6‑2003‑‑‑Undertaking submitted that it was sending required dispatch reports from 13‑6‑2003 onward‑‑‑On date fixed for hearing authorized representative appeared on behalf of Undertaking, but he could not give any cogent reason for not furnishing information for period prior to 13‑6‑2003 as required by Authority‑‑‑Authority noted that since Undertaking was submitting requisite information regularly with effect from 13‑6‑2003, taking lenient view with regard to past default, it ordered to impose penalty on Undertaking under S.19(1)(c) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970.
Judgment & Decree
Messrs Essa Cement Industries Limited (the Undertaking) was asked to supply the ex‑factory price per ton/bag as on March 25, 2003. The Undertaking was also asked to regularly supply the said information on weekly basis along with production and dispatches of each day of the week. Reasons for' any change of price were also required to be submitted. However, the Undertaking failed to supply the requisite information to the Authority. It was therefore, served with a Show‑Cause Notice No.52 of 2002‑2003 on June 25, 2003, in response to which the Undertaking supplied the requisite information vide its letter dated June 27, 2003. The Undertaking submitted that it was sending regular dispatch reports from June 13, 2003.
2. The matter was fixed for hearing vide hearing notice dated August 13, 2003. Mr. Muhammad Zaheer, an authorized representative, appeared on behalf of the Undertaking but he could not give any cogent reason for not furnishing the information for the period prior to June 13, 2003 as required by the Authority.
3. After considering all facts and the arguments of the authorized representative of the Undertaking, the Authority noted that since the Undertaking was submitting the requisite information regularly with effect from June 13, 2003 a lenient view may be taken of its past default. The Authority, therefore, ordered to impose a penalty of Rs.25,000 (Rupees twenty five 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./8/MCA Order accordingly.