GUJRAT AMBUJA CEMENTS LTD Vs. MRTP COMMISSION

JUDGEMENT

(1.) This writ petition challenges the orders dated 9.1.2004 and 13.12.2004 passed by the Monopolies and Restrictive Trade Practice Commission, New Delhi (hereafter 'MRTP Commission') in RTPE No. 21 of 2001. By the first impugned order dated 9.1.2004 the MRTP Commission rejected an application filed by the petitioner under Section 12 of the Monopolies and Restrictive Trade Practices Act, 1969 (Act) read with Regulation 65 of the MRTP Regulations (hereafter 'Regulations') challenging the admissibility of the affidavit of evidence filed on behalf of the complainants in RTPE No. 21of 2001. By the second impugned order dated 13.12.2004 the MRTP Commission ordered that the admissibility and evidentiary value of a certain document referred to in the cross-examination of the complainant's witness, would be considered at the time of the final hearing, in light of the answers given by the witness during the cross- examination. Apart from challenging these two orders, the petitioner has, in this writ petition, also sought a direction to the MRTP Commission to first determine the issue of admissibility of the documents appended to the affidavit of evidence of the witness of the complainant.

(2.) We have heard the submissions of Mr. A.N.Haksar, Senior Advocate for the petitioner, Mr.Rajiv Shakhdar, Senior Advocate for Respondent No.5 and Shri O.P.Dua, Senior Advocate for Respondent No.3/complainant and other counsel appearing for the various parties.

(3.) The facts in brief are that Mr.Sarabjit S.Mokha and Mr. Naresh Grover, Respondents 3 and 4 herein, filed a complaint being RTPE No.21 of 2001 before the MRTP Commission under Section 10(a)(i) and Section 36B(a) read with Sections 33(1)(d) and Section 2(o)(ii) of the Act. The complaint stated that the petitioner herein and certain other companies, who are in the business of manufacture and sale of cement, had formed a cartel for fixing the prices of cement and were indulging in restrictive and unfair trade practices in violation of the provisions of the Act. On 7.2.2001 the MRTP Commission directed a notice of enquiry to be issued on the said complaint. On 9.4.2002 the MRTP Commission framed the issues arising in the enquiry and granted liberty to the complainants(Respondent Nos. 2 and 3 herein) to file a list of witnesses, affidavits of evidence and supporting documents. On 14.8.2002 an affidavit of evidence was filed by Mr. Naresh Grover, one of the original complainants. The documents sought to be relied upon by the complainants were an unsigned Minute dated 5.7.2000 and copies of certain newspaper reports. On 8.4.2003 a further affidavit of evidence on behalf of complainants was filed by one Mr. Dhruv Kumar Lallubhai Desai and copies of the said affidavit were furnished to the petitioner herein.