JUDGMENT

Markandey Katju, J. —

1. Leave granted.

2. These appeals have been filed against the judgment and final order dated 29.11.2005 passed by the Monopolies and Restrictive Trade Practices Commission, New Delhi in Restrictive Trade Practices Enquiry No. 172 of 1995 and Compensation Application No. 258 of 1994.

3. Heard learned counsel for the parties and perused the record.

4. The appellant is a company incorporated in accordance with the laws of the State of New York, USA which is engaged in the business, inter alia, of manufacturing and selling of various medical diagnostic equipment, including whole body CT Scanner. Respondent No. 1 wanted to purchase a whole body Whole Body CT Scanner and held negotiations for the same with the appellant and respondent No. 3, M/s. UB Picker Ltd. It is alleged that on 10.4.1989, the appellant sent its proforma invoice No. PMS/S/CT/001/89 (hereinafter referred to as the ‘First Offer’) for the supply of a new CT Scanner (Picker Synerview 1200 SX Whole Body Computer Tomography Scanner, 4th Generation Stationary Detector Technology system) including spares and accessories at a price of US $ 1,282,500.00 (US Dollar one million two hundred eighty