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2018 Supreme(SC) 358

ARUN MISHRA, NAVIN SINHA
Competition Commission of India – Appellant
Versus
Thomas Cook (India) Ltd. – Respondent


Advocates Appeared:
For the Appellants : Arjun Krishnan, Ankur Singh, Sumit Srivastava, Advs.
For the Respondents:- Samir Gandhi, Ms. Roopali Singh, Akshat Kulshrestha, Rahul Satyam, Ms. Anuja Agrawal, Ms. Sayabani Basu, Ms. Ritwika Verma, Mayank Pandey, Advs.

JUDGMENT

Arun Mishra, J.

The Competition Commission of India (in short, "the Commission") is in appeal aggrieved by the order passed by the Competition Appellate Tribunal (in short, "the Tribunal") setting aside the order passed by the Competition Commission under section 43A of the Competition Act, 2002 (in short, referred to as "the Act") whereby penalty of Rupees One Crore was imposed on the respondents on the ground of non-compliance of provisions contained in section 6(2) of the Act.

2. The Thomas Cook India Ltd (for short, "the TCIL") - respondent No.1, Thomas Cook Insurance Services India Limited, (for short, "the TCISIL") - respondent No.2 and Sterling Holiday and Resorts India Limited (for short, "the SHRIL") - respondent No.3 is the companies registered under the Companies Act, 1956. The TCIL is engaged in travel and travel related services. The TCISIL is also engaged in travel and travel related services and is a subsidiary of the TCIL and is also a registered corporate agent of Bajaj Allianz General Insurance Company Limited, which is engaged in the business of selling insurance to outbound travelers, as well as health insurance, motor insurance, personal accident insuranc






















































































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