HARISHANKAR SHARMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 12.01.2006 passed by the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as 'the MRTP Commission') dismissing the application filed by the petitioner for taking on record certain documents. The documents that the petitioner sought to place on record of the MRTP Commission in C.A. No. 328/1998 were two CFSL reports dated 10.12.1999 and 06.03.2000 and charge sheets filed by the Police against three bank officials.

(2.) Insofar as the charge sheets are concerned, we may straightaway say that they are not, in any way, relevant for the purposes of the petitioner's compensation application before the MRTP Commission. Arguments were, therefore, heard on the question of taking the two CFSL reports on record. According to the petitioner, he had moved an application in December, 2004 requesting the MRTP Commission to take on record the certified copies of the said CFSL reports. It would be relevant to note that at that point of time, the parties had already filed their documents, admission/denial had been completed, issues had been framed and even the petitioner's evidence had been closed. In point of fact, the petitioner had submitted its affidavit on 12.12.2002. His evidence was closed on 29.07.2003.

(3.) In the application filed by the petitioner before the MRTP Commission, it was stated on behalf of the petitioner that he had been "seriously ill for last few months" and, as a result of which, he was not in a position to come to Delhi and discuss the matter with the counsel for the petitioner. Some medical record has also been filed in support thereof. In the said application, the petitioner also stated that the reports of the Central Forensic Science Laboratories "were not available at the time of filing of compensation claim and documents".