HINDUSTAN CIBA GEIGY Vs. UNION OF INDIA

JUDGEMENT

(1.) The substantial question of law involved in this appeal under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 ('The Act') is whether under Section 36-A of the Act, (as it stood then, causation of loss or injury to the consumer of goods or service is a sine qua non for initiation of a proceeding thereunder.

(2.) One H. D. Murzello made a complaint before the Director General of Investigation and Registration alleging unfair trade practice against the appellant herein as regards an advertisement issued by them which appeared in "The Times of India" dated 16th September, 1986 to the following effect.

(3.) On the said complaint the Director General was directed to make a preliminary enquiry. Upon such inquiry, a report was submitted on 15th April, 1987. On the basis of the recommendations made in the said investigation report, a Notice of Enquiry was issued by the Commission on 30th July, 1987 against the appellant herein; the relevant portion thereof is as under :-