A.K. JEEVAN S/O KUSHALAPPA AND OTHERS Vs. COMPETITION COMMISSION OF INDIA, A STATUTORY BODY INCORPORATED UNDER THE PROVISIONS OF THE COMPETITION ACT, 2002 AND HAVING ITS ADDRESS AT HINDUSTAN TIMES HOUSE (3RD, 4TH AND 7TH FLOOR), 18-20 KASTURBA G

JUDGEMENT

(1.) W .P. No. 19759/2011 is filed by the Karnataka Chemists and Druggists Association, Bangalore challenging the notice dated 23.5.2011 issued by the 2nd respondent -the Director General. Competition Commission of India New Delhi vide. Annexure -D thereby calling upon the petitioner to submit Balance Sheet. Profit and Loss Accounts (Income and Expenditure Statement) of the Association for the last 3 years, so that the same could be made available to the Commission to which the matter pertaining to investigation under Section 36(2) read with Section 41(2) of the Competition Act, 2002 (for short 'the Act') has been transferred from the office of the Director General (I and R) Monopolies and Restrictive Trade Practices commission. The notice also makes it clear that if the authorised representative of the petitioner intends to appear in the office of the Additional Director General, he would do so on 30.05.2011 at 11.30 AM. This is followed by another notice dated 26.05.2011 produced at Annexure -E issued by the Competition Commission of India whereunder the petitioner is informed that upon transfer of the matter as per Section 66(6) of the Act, it has formed a prima facie opinion that a case was made out under Section 26(1) of the Act and therefore the matter was referred to the Director General for investigation as per order dated 29.06.2010. The Director General in turn sent the investigation report to the Commission on 08.11.2010. The commission having considered the report of the Director. General found it proper to obtain supplementary report on certain specific issues and therefore had directed the Director General accordingly.

(2.) PURSUANT to this direction, the Director General appears to have issued notice under Section 41(2) read with Section 36(2) of the Act to the petitioner on 15.03.2011 to furnish the information regarding the balance sheet, profit and loss account of the association for the last three years but the petitioner -Association failed to furnish the said information to the Director General and therefore the commission decided to initiate proceedings against the petitioner under Section 43 of the Act for non -compliance of the directions without any reasonable cause. It is in this background, the Commission has called upon the petitioner to show cause why penalty should not be imposed in terms of the provisions contained under Section 43 of the Act for violating the direction issued by the Director General.

(3.) IN the connected writ petitions bearing Nos. 19760/2011 and 20485 -489/2011, similar grievance is made by the petitioners who are none other than the members of the Karnataka Chemists and Druggists Association. The said writ petitions are filed as notices are issued as per Annexures -D. D1 to D5 against the office bearers who were called upon to furnish similar information with regard to their business.