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2008 Supreme(SC) 1481

TARUN CHATTERJEE, MUKUNDAKAM SHARMA
KLM Royal Dutch Airlines – Appellant
Versus
Director General of Investigation & Registration – Respondent


Advocates Appearances:
Mr. AK Ganguly, Senior Advocate.
Mr. S.C. Ghosh and Mr. Atishi Dipankar, Advocates with him for the Appellant.
Mr. V. Shekhar, Senior Advocate, Ms. Shalini Kumar, Mr. B.K. Prasad and Mr. Shreekant N. Terdal, Advocates with him for the Respondent.

Dr. MUKUNDAKAM SHARMA, J.

1. Challenge is made in the present appeals under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 (for short "MRTP Act"), whereby the final judgment and orders dated 11.10.2001 and 12.11.2001 passed by the Monopolies and Restrictive Trade Practices Commission, New Delhi (for short MRTP Commission) are being questioned. The appellant is aggrieved by the order and direction issued against them by the MRTP Commission and also by dismissal of the miscellaneous application filed by them holding that there is no apparent error on the face of the record.

2. The appellant is a worldwide airlines company with its headquarters at Amsterdam, Netherlands. A complaint was filed by M/s. Maharajah & Co. (hereinafter also referred to as Complainant) contending inter alia that they booked a consignment with the appellant airlines vide Airway Bill dated 21.09.1995. The said consignment comprised three parcels containing Badges and Crests, which were to be used on very specific tournaments/• meetings/conference dates. The consignment was booked for carriage from New Delhi to New Orleans, USA. It was stated in the said complaint that on 26.09.1995 the com
















































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