JUDGMENT

S.B. Sinha, J.-The substantial question of law involved in this appeal under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 ( the Act ) is whether under Section 36A of the Act, (as it stood then), causation of loss or injury to the consumer of goods or service is a sine qua non for initiation of a proceeding thereunder.

2. One H.D. Murzello made a complaint before the Director General of Investigation and Registration alleging unfair trade practice against the appellant herein as regards an advertisement issued by them which appeared in "The Times of India" dated 16th September, 1986 to the following effect :

"Aerocol s family background :

Aerocol s credibility as a wonder wood adhesive stems from 2 facts-

* An addition to the Araldite and Aerolite family, it is a product from Hindustan Ciba Geigy;

* Already a market leader in UK, it is known for living up to its promise."

3. On the said complaint, the Director General was directed to make a preliminary enquiry. Upon such inquiry, a report was submitted on 15th April, 1987. On the basis of the recommendations made in the said investigation report, a Notice of Enquiry