2005 PLP 1042 (CLD)
File No.47/INF/L.O./MCA/2003
| Citation | 2005 PLP 1042 (CLD) |
| Forum / Court | Monopoly Control Authority |
| Bench Members | Tariq Farook, Chairman, Muhammad Arshad Parwaiz and Abdul Ghaffar, Members |
| Parties | File No.47/INF/L.O./MCA/2003 |
| 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 1042 (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 1042 (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 1042 (CLD) (File No.47/INF/L.O./MCA/2003). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondent.
Headnotes / Summary
Ss.19 & 21
Failure of Undertaking to furnish required information
Undertaking was asked to supply information/documents under S.21 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970, but it failed to do so despite Undertaking was reminded vide several letters
Undertaking was served with show-cause notice but same was not responded-- Authority considered and concluded that Undertaking had wilfully failed to supply requisite information/documents or to respond to show-cause notice and also to appear before the Authority
Authority decided matter ex parte and imposed penalty on the Undertaking under S.19(1)(a) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970.
Judgment & Decree
‑‑‑‑Ss.19 & 21‑‑‑Failure of Undertaking to furnish required information‑‑‑Imposition of penalty‑‑‑Undertaking was asked to supply information/documents under S.21 of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970, but it failed to do so despite Undertaking was reminded vide several letters‑‑‑ Undertaking was served with show‑cause notice but same was not responded‑‑ Authority considered and concluded that Undertaking had wilfully failed to supply requisite information/documents or to respond to show‑cause notice and also to appear before the Authority‑‑‑Authority decided matter ex parte and imposed penalty on the Undertaking under S.19(1)(a) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970. Nemo for Respondent. Date of hearing: 25th July, 2003 Messrs Raja Insurance Company Limited (the) Undertaking) was asked to supply the information/documents under section 21 of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (the Ordinance) vide letter dated September 25, 2002 but it failed to do so. The Undertaking was reminded vide letters of even number dated December 30, 2002 and February 4, 2003 but it again failed to supply the requisite information/documents. The Undertaking was therefore, served with Show‑Cause Notice No.38 of 2002‑2003 on March 24, 2003 but it did not respond. The matter was fixed for hearing on July 25, 2003 and hearing notice was issued to the Undertaking on July 7, 2003. Neither the Undertaking nor any authorized representative appeared on behalf of it. The Authority considered and concluded that the Undertaking wilfully failed to supply the requisite information/documents or to respond to the show‑cause notice and also to, appear before the Authority. It, therefore decided to matter ex parte and imposed a penalty of Rs.50,000 (Rupees fifty thousand only) under section 19(1)(a) of the Ordinance; on the Undertaking. The penalty shall be paid within one month from the date of order. H.B.T./2/MCA Order accordingly.