Judgment

Banerjee, J. —These two appeals under Section 55 of the Monopolies and Restrictive Trade Practices Act (hereinafter referred to as the ‘MRTP Act’) are directed against the order of the Monopolies and Trade Practices Commission under Section 12A of the MRTP Act dated 30th April, 1998 in matter No. UTPE 415 of 1997. The matter pertains to colgate toothpaste, a product of Colgate Palmolive India Limited and by reason of a complaint from M/s. Hindustan Lever Limited being the Appellant in the 2nd appeal. Whereas C.A. No. 2620 of 1998 is against the order of the Commission containing an order of restraint as re­gards the display of the ring round the family as “Suraksha Chakra” in Colgate Palmolive’s hoardings, print advertisements and T.V. commer­cials, the CA No. 3288 of 1998 filed by M/s. Hindustan Lever Limited is against the order of refusal on the part of the Com­mission to put a total ban on the product of the Colgate Palmolive as noticed above.

2. Before adverting to the rival contentions, be it noted that the M.R.T.P. Act as originally framed did not confer any power on to the Commission to grant temporary injunction during the course of inquiry. The Sachhar Committee r