2005 PLP 387 (CLD)
| Citation | 2005 PLP 387 (CLD) |
| Forum / Court | Monopoly Control Authority |
| Bench Members | Tariq Farook, Chairman, Muhammad Arshad Parwaiz and Abdul Ghaffar, Members |
| Parties |
Q1: What are the key laws and sections cited in 2005 PLP 387 (CLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 387 (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 387 (CLD) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Barrister Qasim Ali Chowhan, General Manager of the Undertaking and Syed Nasik Ijaz Gilani for Respondent.
- Dates of hearing: 21st November, 2002, 13th, 15th January, 19th June and 22nd July, 2003.
Headnotes / Summary
Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)‑‑‑ ‑‑‑‑Ss.19 & 21‑‑‑Failure of Undertaking to furnish required information‑‑‑Imposition of penalty‑‑‑Undertaking was asked to supply required information/documents vide letter up to specified date, but the Undertaking failed to do so despite issuance of reminder to it‑‑‑Authority noted that the Undertaking was liable to supply information prescribed under Monopoly Control Authority (Supply of Information) Rules, 1995 for the year ending in September, 2001 by 21st March, 2002, but it failed to do so‑‑‑Undertaking also failed to supply information called under S.21 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970‑‑‑Authority, in circumstances ordered for imposing penalty on Undertaking under S.19(1)(a) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970.
Judgment & Decree
Dates of hearing: 21st November, 2002, 13th, 15th January, 19th June and 22nd July, 2003. Messrs Dewan Khalid Textile Mills Limited (the Undertaking) was asked to supply the information/documents vide Letter No.8(267)INV(Chief‑R&I)MCA/84 dated February 13, 2002 but it failed to do so. The Undertaking was reminded vide letters of even number dated March 15 and April 15, 2002 but it again failed to supply the requisite information/documents. The Undertaking was therefore, served with Show‑Cause Notice No.65 of 2001‑2002 on May 27, 2002. The Undertaking supplied the information vide its letter dated May 31, 2002 but it did not respond to the show‑cause notice. The case was fixed for hearing on 21-11‑2002 but adjourned on the written request of the Undertaking. The case was again fixed for hearing on 13‑1‑2003. Barrister Qasim Ali Chowhan, appeared on behalf of the respondent Undertaking and requested the Authority for allowing two days time i.e. up to 15‑1‑2003 for submission of complete information. The Authority, acceding to his request, allowed time up to 15‑1‑2003 and adjourned the case for that date. On 15‑1‑2003 Barrister Qasim Ali Chowhan argued the case, He admitted that the requisite information was not supplied by the Undertaking in time and was actually supplied vide its letter dated May 31, 2002. The Authority adjourned the matter for date in office. The matter was finally fixed for hearing on 19‑6‑2003 and hearing notice was issued to the Undertaking on June 06, 2003 but adjourned by the Authority for July 22, 2003. On July 22, 2003 Barrister Qasim Ali Chowhan, General Manager and Syed Nasik Ijaz Gilani, Advocate/authorized representative appeared on behalf of the respondent Undertaking and admitted that the Undertaking could not supply the requisite information within the stipulated period and it supplied the said information vide its letter dated May 31, 2002 i.e. after the date of issue of show‑cause notice by the Authority. They tendered apology for the delay on the part of the respondent Undertaking and requested the Authority for condonation of the delay. The Authority noted that the Undertaking was liable to supply the information prescribed under the Monopoly Control Authority (Supply of Information) Rules, 1995 for the year ended in September 2001 by 31st March, 2002 but it failed to do so. It also failed to supply the information called for under section 21 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970. In the light of the above facts, the Authority ordered for imposing a penalty of Rs.20,000 (Rupees twenty 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 within one month from the date of the order. H.B.T./5/MCA Order accordingly.