2005 PLP 376 (CLD)
| Citation | 2005 PLP 376 (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 376 (CLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 376 (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 376 (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 as on 25‑3‑2003 and to regularly supply through fax said information on weekly basis along with production and dispatches of each day of a week‑‑‑Reasons for any change of price and new prices for bag/ton were also required to be submitted, but Undertaking failed to supply complete requisite information to the Authority‑‑‑In response to show- cause notice, Undertaking supplied partial information‑‑ Authorized representative of Undertaking who appeared on the date of hearing, could not give any cogent reason for failure to supply complete information‑‑‑Authority ordered to impose a penalty under S.19(1)(a) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 for failure to supply requisite complete information.
- 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 D.G Khan Cement Company Limited (the Undertaking) was asked vide Letter No.2(287)/Enq/(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. However, the Undertaking failed to supply the complete requisite information to the Authority. It was, therefore, served with a Show‑Cause Notice No.56 of 2002‑2003 on June 25, 2003, in response to which the Undertaking supplied partial information in bulk form instead of in the required format vide its letters dated July 3, 11 and 22, 2003.
2. The matter was fixed for hearing on August 25, 2003 vide hearing notice dated August 13, 2003 in response to which Mr: Salman Akram Raja, Advocate/authorized representative of the respondent Undertaking made a written request for adjournment and the Authority adjourned the case for September 25, 2003.
3. On September 25, 2003 Mr. Salman Akram Raja, Advocate/authorized representative appeared 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 2, 2003.
4. After considering all facts of the case, the Authority concluded that the Undertaking supplied the information in bulk and not on daily basis, and moreover it failed to provide the requisite information pertaining to the months of March‑ June 22, 2003 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./10/MCA Order accordingly.