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1998 Supreme(SC) 786

G.B.PATTANAIK, S.P.BHARUCHA
H. M. M. LTD. – Appellant
Versus
Director General, Monopolies And Restrictive Trade Practices Commission – Respondent


Judgment

Bharucha, J.-Under appeal is the judgment and order dated 11th May, 1989 passed by the Monopolies and Restrictive Trade Practices Commis­sion (hereinafter referred to as “the Commission). It held that the appellants were guilty of an unfair trade practice within the meaning of The Mono­polies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as “the said Act”). It required the appel­lants to desist from indulging in trade practices similar to that which had been held to be an unfair trade practice.

2. The appellants manufacture and market consumer products, including Horlicks. In September, 1985 the appellants advertised a scheme they called the “Hidden Wealth Prize Offer”. Coupons were inserted in some bottles of Horlicks in the various pack sizes. Some of these coupons indicated that the purchasers of the bottles in which they were placed would get prizes. The prizes that were offered were 5 Hotline Colour TVs, 10 gift vouchers of Rs. 2,000/- each for Hotline appliances and 1400 cash prizes of Rs. 100/-, Rs. 50/- and Rs. 20/- each. The adver­tisements of this scheme made it clear that the prizes were available only to buyers in Delhi city and they were re




































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