HINDUSTAN VACUM GLASS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question that arisesfor decision in this writ petition under Article 226 of the Constitutionis whether the petitioner company. Hindustan Vacuum Glass Limited(Hindustan), is an 'undertaking' within the meaning of section 20(a)(ii) of the Monopolies and Restrictive Trade Practices Act, 1969(the Act).

(2.) number of preliminary objections were raised by the Covernment. But finally the Union of India agreed to have a ^^^(..111from this court on the question whether Hindustan is a memopolyhouse.

(3.) Hindustan carries on business of manufacturing and sellingvacuum flasks and refills. The respondent, Ministry of Law. Justiceand Company Affairs of the Government of India, claims that Hindustan is an 'undertaking' to which section 20(a)(ii) of Part 'A' ofChapter III of the Act applies because its own assets together withthe assets of its inter-connected undertaking is not less than 20 crorcsof rupees. If Hindustan is held to be an 'undertaking', as is the caseof the Government, then under s. 26 of the Act it has to make anapplication within the prescribed time to the Central Government forits registration as an undertaking. And if any 'undertaking' to whichPart 'A' of Chapter III applies fails, without any reasonable excuse.lo make an application under s. 26 to register itself as an "undertaking'then the undertaking is punishable with fine under s. 48(2) of theAct.