Judgment

Bhan, J.—This appeal by grant of leave is directed against the order dated 16.5.1997 passed by the Monopolies and Restrictive Trade Practices Commission [for short “the MRTP Commission”] in Compensation Application No. 53 of 1993 wherein it has allowed the application for compensation under Section 12-B of the Monopolies and Restrictive Trade Practices Act, 1960 [for short “the MRTP Act”] filed by the Respondent No. 1 and has directed the appellant to refund to the first respondent a sum of Rs. 1,04,164/- with interest @ 18% per annum plus compensation of Rs.5,000/-.

2. Shortly stated the facts are :

M/s N.A. Rubber Industries through its partner Shri Nasiruddin, a partner of the applicant firm - respondent as well, placed an order in December, 1980 for the supply of one rubber mixing machine of size 14" x 36". Appellant agreed to supply the said machine to the respondent by its letter dated 10.12.1980. In terms of acceptance, the appellant was to supply the said machine for Rs. 55,000/- ex-factory price by May 1981 and the respondent was to supply certain input components like electric motor, reduction gear box and fluid coupling to be fitted to the machine by the appellant