M P RAMACHANDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition seeks to challenge an inter-locutory order of injunction passed by the Monopolies and Restrictive Trade Practices, Commission (herein-after referred to as "the Commission") in I. A. No. 50 of 1991 in UTPE No. 157 of 1991 dated 12-12-1991 as evidenced by Exhibit F.

(2.) THE petitioner is the sole proprietor of Jyothi Laboratories operating from Borivli, Bombay. Another operator in the same field but in the far South Coimbatore is the third respondent. The two enterpreneurs have come to legal blows over the quality of blue they manufacture. "ujala" manufactured by the petitioner sought coverage, among other things, through magnetic media Doordarshan. That is pre-se not objectionable. There is, even if in restricted areas, atleast a partial survival of the Darwinian theory of survival of the fit. However, hitting below the belt its indeed immoral. Such was an allegation made by the 3rd respondent against the petitioner before the 2nd respondent. Commission. It is not necessary to go into the contents of the contentions of the parties. That has to be done by the Commission who is in session of it.

(3.) ACCORDING to the petitioner, the 2nd respondent has no jurisdiction whatsoever, at this stage, to issue an interlocutory order of injunction invoking section 12-A of the Act. The petitioner states that the position is so plain, and the situation so tell-tale in view of a chain of decisions rendered by this Court concerning and construing the very same statutory provision. Notwithstanding the disinclination of the Court to interfere with interlocutory matters, the utter lack of jurisdiction is good enough justification for the petitioner to approach this Court even at this stage contends the petitioner.