STAR CEMENT LTD Vs. COMPETITION COMMISSION OF INDIA

JUDGEMENT

(1.) Heard Dr. A Saraf, learned Senior Counsel assisted by Mr. P. Das learned counsel appearing for the petitioner. Also heard Mr. T.J. Mahanta, learned Sr. Counsel assisted by Mr. D. Das, learned counsel for respondent Nos. 1, 4 and 5 (the Competition Commission of India) and Mr. D Nath, learned Sr. Government Advocate for the State respondents.

(2.) In WP(C) 6343 of 2018, the petitioner company is seeking inter alia quashing of the proceedings of Case No. 77 of 2016 with Reference Case No. 4/2016 registered with the Competition Commission of India (herein after referred to as the CCI) and the impugned Order dtd. 6/12/2016 passed by the CCI under Sec. 26(1) of the Competition Act, 2002 (herein after referred to as the said Act, 2002) and the impugned Order dt. 8/8/2018 passed by the CCI rejecting the application seeking review/recall of the Order dtd. 6/12/2016 passed by the CCI on 8/9/2016 and 15/9/2016 respectively filed by the petitioner.

(3.) Whereas, in WP(C) No. 6342/2018, the writ petitioner company is assailing the impugned Order dtd. 27/8/2018 passed by the CCI in Case No. 77/2016 with Reference No. 4/2016 imposing a penalty of Rs.5,00,000.00 (Rupees Five Lakhs) under Sec. 43 of the said Act, 2002 to the petitioner for non-compliance with the direction of the Director General pursuant to the impugned Order dtd. 6/12/2016, which is the subject matter in WP(C) 6343/2018.