M L SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) A three Judge Bench of this Court in Writ Petition No. 297 of 1990 made an order on 20/04/1990, to the following effect.

(2.) ON the allegation that the order of this Court of 20/04/1990, was not complied with by 7th of July, 1990, a petition for contempt was filed in this Court on 7th of August, 1990. ON 21-9-90 notice was issues on the petition and on 12-10-90 the following order was made:

(3.) THE Act, as the Statement of Objects and Reasons shows, is a statute to ensure that the operation of the economic system does not result in the concentration of economic power to the common detriment and to prohibit such monopolistic and restrictive trade practices as are prejudicial to public interest. THE commission is the kingpin for the operation of the statutory scheme. Section 5 of the Act provides that the Commission shall consist of a Chairman and not less than two and not more than eight other members. By non-filling of the post of Chairman and members at the time of the original order was made, the Commission then left with a single member, in view of the statutory procedure, was not able to act as the Commission.