S. MOHAN, N. P. SINGH, A. M. AHMADI
Voltas LTD. – Appellant
Versus
Union Of India – Respondent
JUDGMENT
N. P. SINGH, J. :—These appeals have been filed under Section 55, of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the Act) against the judgment and order of the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as the Commission).
2. The appellant had entered into agreements with large number of companies, who are respondents in different appeals, in respect of distribution of different machineries and equipments within different territories of India. The companies, who are respondents, to the different appeals have been manufacturing different types of machines and instruments, which under the terms of the agreements are to be distributed by the appellant as the Marketing Company. The appellant has been appointed as Buyer (Sole Importer) on the terms and conditions mentioned in different agreements.
3. On 26-11-1986, notices were issued under Section 10 (a) (iii) read with Section 37 of the Act, informing the appellant that the agreements between the appellant and the different companies, some of which have their Head Offices in foreign countries contain conditions which amount to restrictive trade practic
relied on : State of Bombay v. Pandurang Vinayak
Chief Inspector of Mines v. Karam Chand Thapar
J.K.Cotton Spg. and Wvg. Mills Ltd. v. Union of India
M. Venugopal v. Divisional Manager, LIC
Harish Tandon v. Additional District Magistrate
distinguished : Tata Engg. and Locomotive Co. Ltd. v. Registrar of the Restrictive Trade Agreement
Mahindra and Mahindra Ltd. v. Union of India
Tata Engg. and Locomotive Co. Ltd. v. Registrar of the Restrictive Trade Agreement
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