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2010 Supreme(Bom) 1187

S.C.DHARMADHIKARI, MOHIT S.SHAH
Aamir Khan Productions Private Limited – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Janak Dwarkadas, Senior Advocate, with Chirag Mody i/b DSK Legal, Arshad Hidayatullah, Senior Advocate, a/w Anand Desai and Vivek Shetty, Advocates. For the Respondents:R1, D.J. Khambatta, Additional Solicitor General, with Ashok Verma, Gautam Ankhad R2 & R3, Joby Mathew and Deepak Dane, Z.T. Andhyarujina, Advocates.

Judgment :-

1. In both these petitions under Article 226 of the Constitution of India, the petitioners challenge the separate show cause notices dated 21st December 2009 issued by the Competition Commission of India, Respondent No.2 herein, under Section 26(8) read with Section 3(3) of the Competition Act, 2002.


2. The petitioners in both these petitions have challenged the said show cause notices mainly on the ground that the Competition Commission established under the Competition Act, 2002 (hereinafter referred to as the “Competition Act”) does not have any jurisdiction to initiate any such proceedings in respect of films for which the provisions of the Copyright Act, 1957 contain exhaustive provisions.


3. The facts leading to issuance of impugned show cause notices are already stated in the show cause notices themselves.


4. The show cause notice impugned in Writ Petition No.526 of 2010 reads as under:-


“COMPETITION COMMISSION OF INDIA


(Secretariat)


By Speed Post


F.No.1/1/2009-Sectt./23209 21st December, 2009


To,


SHRI SIDHARTH ROY KAPUR


M/S UTV SOFTWARE COMMUNICATIONS LTD.


1181-92, Solitaire Corporate Park,


Guru Hargobindji Marg, Chakala,


Andheri (East), MUMBAI 400 093.


Sub.: C

















































































































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