SHREE CEMENT LIMITED Vs. COMPETITION COMMISSION OF INDIA

JUDGEMENT

(1.) By the present writ petition, petitioner challenges the interlocutory order dated 29/04/2014 passed by Competition Appellate Tribunal (hereinafter referred to as "COMPAT") insofar as it does not grant unconditional order of stay. It is pertinent to mention that by the impugned order petitioner has been asked to deposit only ten per cent of the penalty amount.

(2.) Mr. Dushyant Dave, learned senior counsel for the petitioner submits that Competition Commission of India (hereinafter referred to as 'CCI') has no jurisdiction to levy penalty as the inquiry pertains to the period prior to 2009, that is, prior to coming into force of Sections 3 and 4 of the Competition Act, 2002 (hereinafter referred to as 'Act, 2002').

(3.) He further submits that the order imposing penalty is in violation of principles of natural justice as even though the said order entirely relies upon the Director General's report and evidence in Case No.29/2010 as well as the findings rendered by CCI in said case No.29/2010, yet the report in case no. 29/2010 was not furnished to the petitioner while the ground for levy of penalty is that petitioner indulged in cartelization along with other cement manufacturing companies who were parties only to Case No. 29/2010 and not RTP 52/2006 which pertains only to the petitioner. In support of his submission, he relies upon a judgment of Supreme Court in M/s. R.B. Shreeram Durga Prasad and Fatehchand Nursing Das Vs. Settlement Commission (IT & WT) and Anr., 1989 1 SCC 628 wherein it has been held as under:-