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1983 Supreme(SC) 371

Y. V. CHANDRACHUD, E. S. VENKATARAMIAH, R. B. MISRA
Bombay Oil Industries Private LTD. – Appellant
Versus
Union Of India – Respondent


Advocates:
Anil B.Divan, Ashok Sagar, B.V.DESAI, C.V.SUBBA RAO, D.N.Mishra, M.L.Talukdar, P.R.MRIDUL, R.N.Poddar, Ravindra Narayan

ORDER — The order of the Government dated November 30, 1982 which is impugned in these proceedings leaves much to be desired. But we do not propose to admit the appeal since, after hearing a longish argument from Shri Anil B. Divan on behalf of the appellant, we are satisfied on the material produced before us and on perusal of the counter affidavit of the Government that, there were good reasons for passing the impugned order. We must, however, impress upon the Government that while disposing of applications under Sections 21, 22 and 23 of the Monopolies and Restrictive Trade Practices Act, 1969 it must give good reasons in support of its order and not merely state its bald conclusion. The faith of the people in administrative tribunals can be sustained only if the tribunals act fairly and dispose of the matters before them by well considered orders. The relevant material must be made available to the objectors because, without it, they cannot possibly meet the claim or contentions of the applicants under Sections 21, 22 and 23 of the M. R. T. P. Act. The refusal of the Government to furnish such material to the objectors can amount to a denial of a reasonable opportunity to the o





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