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1989 Supreme(SC) 404

SABYASACHI MUKHARJEE, S.RANGANATHAN
Ossein And Gelatine Manufacturers Association Of India – Appellant
Versus
Modi Alkalies And Chemicals LTD. – Respondent


Advocates:
Anil B.Divan, ANIL DEV SINGH, H.SHARMA, HARISH N.SLAVE, Mohini Sud, Nitin Thakkar, P.H.Parekh, PRAVIN KUMAR, SUNIL DOGRA, SUSHMA SURI

Judgement

RANGANATHAN, J. :- This appeal has been preferred under Section 65 of the Monopolies & Restrictive Trade Practices Act (the Act) from an order of the Central Government (C.G.) dated 20-9-88. By the said order the C.G. granted an application made by respondent No. 1 (hereinafter referred to as the Modis) under Section 22 of the Act for permission to establish an undertaking for the manufacture of Ossein and Gelatine in the State of Rajasthan. The petitioner, which claims to be an association of Ossein and Gelatinc manufacturers in India, made representations before the C.G. objecting to the grant of the application by the Modis. These objections having been rejected and the application granted by the said order, the aggrieved petitioner has preferred this appeal. We admit the appeal and, having heard counsel on both sides, proceed to dispose of the appeal finally.

2. The following contentions have been urged by Sri Divan in support of the appeal:

(a) The order dated 20-9-88 is vitiated as it merely sets out the bald conclusions of the officer concerned. It is not a reasoned or well considered order.

(b) The appellant had pointed out that the grant of permission to Modis would












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