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1989 Supreme(SC) 291

L.M.SHARMA, S.R.PANDIAN
Lakhanpal National LTD. – Appellant
Versus
M. R. T. P. Commission – Respondent


JUDGMENT

SHARMA, J. :— This appeal under S. 55 of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the Act) is directed against the decision of the Monopolies and Restrictive Trade Practices Commission dated November 13, 1987 in the Unfair Trade Practices Enquiry No. 76 of 1985 passed under S. 36-D (1) of the Act forbidding the appellant Company from issuing certain type of advertisements as indicated in the order.

2. The Commission issued a show cause notice under S. 36-B of the Act to the appellant Company informing it that a proceeding had been instituted for making an inquiry whether the Company was indulging in certain unfair trade practices prejudicial to public interest within the meaning of S. 36-A. A copy of the notice has been attached to the petition of appeal as Annexure C, wherein it was alleged that,

(i) although the Company was manufacturing Novino batteries in collaboration with M/s. Mitsushita Electric Industrial Co. Ltd. and not with National Panasonic of Japan, it was issuing advertisements announcing that Novino batteries are manufactured in collaboration with National Panasonic of Japan using National Panasonic techniques, and

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