PEICO ELECTRONICS AND ELECTRICALS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 (referred to hereinafter as 'the Act') against the order of the Commission in R.T.P. Enquiry No. 1616 of 1987. The Commission, having held that the appellant indulged in certain restrictive trade practices prejudicial to public interest, directed the appellant to desist from indulging in such practices in future and to amend the offending clause in the dealership agreement. The Commission further directed the appellant not to give effect to the termination of dealership of the complainant (2nd respondent herein) and to ensure the supply to Philips Products "at least to the extent of the supply made in the year 1985" subject to the placement of necessary orders by the complainant.

(2.) The factual background leading to the filing of the complaint is as follows :

(3.) It appears that during the pendency of the inquiry, the Commission issued an order of ad interim injunction. However, it was stayed by the Bombay High Court on a writ petition filed by the appellant.