2005 PLP 341 (CLD)
| Citation | 2005 PLP 341 (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 341 (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 341 (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 341 (CLD) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Humayun Khan, General Manager (GR&A) for Respondent.
- Date of hearing: 25th August, 2003.
Headnotes / Summary
‑‑‑‑Ss.19(1)(a) & 21‑‑‑Failure of Undertaking to supply required information‑‑‑Imposition of penalty‑‑‑Undertaking was asked to supply ex factory price per ton/ bag as on 25‑3‑2003 and also to regularly supply said information on weekly basis along with production and dispatches of each day of the week‑‑‑Reasons for any change of price were also requited to be submitted‑‑‑Undertaking; however, having failed to supply requisite. information to Authority, show cause notice was served upon it‑‑‑In response to said show cause notice, Undertaking gave certain reasons for non supply of complete requisite information on specified date‑‑ Authority, after hearing representative of Undertaking, decided that reasons given for non‑supply of complete information up to specified date, despite clear‑cut directions of Authority, were not convincing‑‑‑Authority imposed penalty upon Undertaking under S.19(1)(c) of Monopolies and Restrictive Trade Practices (Control & Preventions) Ordinance, 1970.
Judgment & Decree
Messrs Lucky Cement 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, '30, 2003. It further submitted that the. information was partly supplied to the Authority vide its letter dated March 27, 2003,' but contended that the details of selling price of all destinations and customers will be supplied as and when required or on weekly basis as the Authority directs.
2. The matter was fixed for hearing on 25‑8‑2003 through hearing notice dated August 13, 2003. Mr. Muhammad Humayun Khan, General Manager (GR&A), authorized representative, appeared on behalf of the Undertaking and argued the case. He submitted that the requisite information was partly supply by the Undertaking vide its letter dated March 27, 2003. He further submitted that the Authority was also requested to allow the supply of the information on weekly basis instead of daily basis.
3. After considering all facts of the case and the arguments of the authorized representative of the Undertaking, the Authority decided that the reasons given for non‑supply of complete information, despite the clear cut directions of the Authority, were not convincing and therefore, it 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. / 7 / MCA Order accordingly.