Judgment

R. S. PATHAK

( 1 ) THIS is an appeal under S. 55 of the Monopolies and Restrictive Trade Practices Act, 1969, (hereinafter referred to as the Act ). The appellant, a Private Limited Company, is a rnanufacturer of "activated earth in the small scale sector within the notified backward area of Badnawar, District Dhar of Madhya Pradesh State. M/s. Gwalior Rayon Silk Manufacturing (Weaving) Co. Ltd. , Respondent No. 1, is a large scale manufacturer of basic raw materials like hydrochloric acid. Respondent No. I applied under S. 22 (2) of the Act for approval of the Central Government its plant to set up an undertaking to manufacture "activated earth" at Nagda, within the District of Ujjain, an adjoining district of Dhar also located within the State of Madhya Pradesh. When the particulars of the application were notified, the appellant raised objection before the Central Government grounded upon several aspects. The appellant filed a further objection after a copy of the application of the Respondent No. 1 was made available to it. The application of the Respondent No. 1 was, however, allowed after overruling the objections of the appellant by order dated 17th of June 1986, and