Director General of Vs. National Panasonic India Ltd. - Court Judgment

Excerpt:
1. the present proceeding arises on an application filed by director general (i&r) under section 10(a)(iii) read with section 37(1) of the monopolies and restrictive trade practices act, 1969 for institution of restrictive trade practices enquiry against the respondent in respect of the draft distributorship agreement, which is placed on record as annexure-iv. the notice of enquiry was issued on 18th december, 2002.we may refer to the reply filed by the respondent wherein it is stated in paragraph 5 as follows : "5. that the contents of para 5 of the application, as stated, are not denied. without prejudice to the rights and contentions of the respondent, it is however, submitted that during the course of investigation under section 11(2) of the mrtp act, the respondent had specifically disclosed the agreement/dealer/ distributor application form and mentioned that in case the applicant is of the view that any clause of the speciman agreement was deemed to be violative of the provisions of the mrtp act, the respondent was ready to make the necessary modifications/corrections as suggested, and in fact, the respondents have already modified the agreement by deleting the objectionable clauses." the learned counsel for the respondent has contended that the modifications in the agreement have since been carried out. in view of the fact that the respondent has amended the clauses of the agreement as objected to, we do not find any ground to continue the present proceedings. the same stand disposed of with no order as to costs.notice of enquiry is discharged.

Judgment:
1. The present proceeding arises on an application filed by Director General (I&R) under Section 10(a)(iii) read with Section 37(1) of the Monopolies and Restrictive Trade Practices Act, 1969 for institution of Restrictive Trade Practices Enquiry against the respondent in respect of the draft distributorship agreement, which is placed on record as Annexure-IV. The Notice of Enquiry was issued on 18th December, 2002.

We may refer to the reply filed by the respondent wherein it is stated in paragraph 5 as follows : "5. That the contents of Para 5 of the application, as stated, are not denied. Without prejudice to the rights and contentions of the respondent, it is however, submitted that during the course of investigation under Section 11(2) of the MRTP Act, the respondent had specifically disclosed the Agreement/Dealer/ Distributor Application Form and mentioned that in case the applicant is of the view that any clause of the Speciman Agreement was deemed to be violative of the provisions of the MRTP Act, the respondent was ready to make the necessary modifications/corrections as suggested, and in fact, the respondents have already modified the Agreement by deleting the objectionable Clauses." The learned Counsel for the respondent has contended that the modifications in the agreement have since been carried out. In view of the fact that the respondent has amended the clauses of the agreement as objected to, we do not find any ground to continue the present proceedings. The same stand disposed of with no order as to costs.

Notice of Enquiry is discharged.