REGISTRATION Vs. BHARAT ELECTRONICS LIMITED

JUDGEMENT

(1.) The order passed in this case shall govern the disposal of Case Nos. RTPE 101/1998, RTPE 102/1998 and RTPE 103/1998,

(2.) On behalf of respondent No.1 an application under Order VII, Rule 11 (d) of the Code of Civil Procedure, 1908 read with Regulation 65 of the Monopolies and Restrictive Trade Practices Commission Regulations, 1991 has been filed for discharging the Notice of Enquiry issued by this Commission.

(3.) It is submitted on behalf of the respondent that the case as set up by the petitioner does not fall within the jurisdiction of this Commission. To substantiate argument, reference of Notification issued under Sec.3 of the Monopolies and Restrictive Trade Practices Act, 1969 is referred and it is submitted that the Undertaking owned or controlled by a Government Company, or the Government, as the case may be, engaged in the production of arms and ammunition and allied items of defence equipments, defence air-crafts, warships, atomic energy, minerals specified in the Schedule to the Atomic Energy (Control of Production and Use) Order, 1953 and industrial units under the Currency and Coinage Division, Ministry of Finance, Department of Economic Affairs do not come within the jurisdiction of the MRTP Act, 1969. It is, therefore, submitted that the said Notification issued under Sec.3 of the MRTP Act, 1969 clarifies this position.