JUDGMENT

Brijesh Kumar, J.-This is an appeal preferred by the complainant - M/s. Pawan Hans Ltd. against the order of the Monopolies and Restrictive Trade Practices Commission (for short the Commission ), New Delhi rejecting the complaint preferred against the respondent No.2-M/s. Lokhandwala Construction Industries Ltd. (hereinafter to be referred to as respondent only) under Section 10 of the Monopolies and Restrictive Trade Practices Act (for short the Act ) for inquiry. The order refusing to initiate inquiry proceedings under Section 10(a)(i) of the Act has been dismissed as per the majority opinion of the Commission.

2. The complainant - M/s. Pawan Hans Ltd. needed some flats for its employees at Bombay and for that purpose issued a tender notice in Times of India dated 4.5.1991 in response whereof the respondent Lokhandwala Construction Industries Ltd. made an offer for sale of 40 flats at Kandiwali, Bombay. The respondent, it is said, had also offered to sell some more flats in Green Meadows. Negotiations, in regard to the above flats, started between the parties. Offers and revised offers were exchanged between them. Apart from other conditions it is said to be agreed tha