( 1 ) THE short but interesting question raised in these writ petitions, under Article 226 of the Constitution of India, is whether a preliminary investigation, as envisaged in section 11 or section 36 C of the Monopolies and Restrictive Trade Practices Act, 1969 (for short the Act) is a condition precedent to the issue of process requiring the owner of an undertaking or any other person to show cause as to why an order directing payment of compensation for the loss or damage caused as a result of Monopolistic or Restrictive or Unfair trade practice carried on by him be not made.

( 2 ) SINCE the question involved is common in all the three matters, these are being disposed of by this common judgment.

( 3 ) TO appreciate the controversy we shall treat the facts in civil writ no. 4121/95 as illustrative.

( 4 ) THE petitioner company, engaged in the business of supply and erection of refinery plants etc, installed for respondent no. 2, the claimant, a 50 MT capacity edible oil refinery plant. According to the petitioner, the plant was duly commissioned but the said respondent did not comply with their obligations; did not supply the raw material, electricity etc to cond