2005 PLP 345 (CLD)
| Citation | 2005 PLP 345 (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 345 (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 345 (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 345 (CLD) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondent. Date of hearing: 25th August, 2003.
Headnotes / Summary
‑‑‑‑Ss.l9(1)(a) & 21‑‑‑Failure to supply requisite information on specified date‑‑‑Imposition of penalty‑‑‑Undertaking concerned was asked to supply ex factory price per ton/bag as on specified date‑‑‑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 failed to supply requisite information to Authority‑‑‑Undertaking in response to show cause notice served on it, had supplied partial information after specified date‑‑‑On date fixed for hearing neither undertaking nor any authorized representative appeared before the Authority‑‑‑Authority, after considering all facts of the case, observed that Undertaking had failed to provide requisite information pertaining to months of March and April, 2003 despite clear‑cut directions of Authority‑ Authority ordered to impose penalty upon Undertaking under S. 19(1)(c) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970.
Judgment & Decree
Messrs Dadabhoy 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.54 of 2002 2003 on June 25, 2003, in response to which the Undertaking supplied only partial information vide its letter dated June 30, 2003. The Undertaking submitted that the detailed information was being compiled so as to I comply with the requirements of the letter but the information was so detailed and time consuming that it could not be furnished within the stipulated time. It also informed that the requisite information will be provided within shortest possible time and requested for vacation of the show‑cause notice.
2. The matter was fixed for hearing on August 25, 2003 vide hearing notice dated August 13, 2003 in response to which neither the respondent Undertaking nor any authorized representative appeared before the Authority.
3. After considering all facts of the case, the Authority observed that the Undertaking has failed to provide the requisite information pertaining to the months of March and April, 2003 despite the clear‑cut directions of the Authority. The Authority, therefore, ordered to impose a penalty of Rs.75,000 (Rupees seventy 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. / 9 / MICA Order accordingly.