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2008 Supreme(SC) 1683

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
PREM NATH MOTORS LTD. – Appellant
Versus
ANURAG MITTAL – Respondent


JUDGMENT Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by Monopolies Restrictive Trade Practices Commission, New Delhi, (in short `Commission) dismissing the application filed by the present appellant.

3. Background facts in a nutshell are as follows:

An International Car Manufacturing Company i.e. M/s. Automobiles Peugeot of France had entered into a joint venture agreement with manufactures of Premier Cars in India which had a network of dealers spread all over the country, for the purpose of manufacturing and sale of Peugeot 309 models car in India. The original agreement of M/s. Automobiles Peugeot of France was with M/s. Kalyan Motors Company Limited which was incorporated during 1994. Subsequently, M/s. Kalyan Motors was named Pal Peugeot Limited/Premier Automobiles Limited. Thereafter M/s Pal Peugeot Limited gave advertisements in various newspapers, inviting application for Priority-cum-Registration of Peugeot 309 cars. The individual who were interested in purchasing the said car, applied to M/s Pal Peugeot Limited at: Kalyan Shil Road, Manpada, Dombilvli-421204, Distt. Thane, Maharashtra.

Some individuals like the respondent N




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