INTERNATIONAL INSTITUTE OF TELECOM TECHNOLOGY SOCIETY Vs. DIRECTOR GENERAL OF INVESTIGATION AND REGISTRATION

JUDGEMENT

(1.) PETITIONERS are the Chairman and Honorary Secretary of International Institute of Telecom Technology Society (hereinafter referred to as Petitioner -Society) who are seeking quashing of criminal complaint under Section 49(1) of The Monopolies and Restrictive Trade Practices Act, 1969 (Annexure P -11) in this petition.

(2.) PETITIONERS assert that petitioner -Society is a non -profit educational society, who has established number of educational institutions with the approval of concerned authorities i.e. the AICTE, Punjab Technical University and Secretary, Ministry of Personnel, Public Grievance and Pensions, Government of India. It is averred by petitioners that Sh. Katarya had made complaint (Annexure P -1) on 29th November, 2004 to The Monopolies and Restrictive Trade Practices Commission alleging deficiency in service. Petitioners' claim that Notice of 30th August, 2005 (Annexure P -7) issued to petitioners was responded to vide Reply of 5th September, 2005 (Annexure P -8). Petitioners also rely upon copy of letter of 25th March, 2004 (Annexure P -10) written by concerned Under Secretary to the Advisor, AICTE relating to the grievances made by Sh. Katarya in respect of which impugned complaint has been filed.

(3.) DURING the course of hearing, Mr. Malik, learned counsel for respondent had disputed that petitioners have not furnished the requisite information and had submitted that it is only a show -cause notice which is issued to petitioners and instead of pursuing these proceedings, petitioners ought to respond to the show -cause notice. It was asserted that M/s. Elder Electronics Ltd. appears to be a group company of petitioners. In the counter -affidavit filed by the respondent it was maintained that educational institutions are covered by the provisions of MRTP Act.