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2010 Supreme(Del) 895

VEENA BIRBAL, SANJAY KISHAN KAUL
Ankur Exports Pvt. Ltd. – Appellant
Versus
Monopolies and Restrictive Trade Practices Commission and Ors. – Respondent


Advocates Appeared:
Sanjeev Kohli, Parul Sharrna , Abhishek Baid, Praueena Gautam , Harshita Priyanka, Debojit Bhattacharya, Abhinav Vashisht

Sanjay Kishan Kaul, J.:-

1. The present writ petition has been filed under Article 226 of the Constitution of India seeking to challenge the impugned order dated 13.11.2000 of the Monopolies and Restrictive Trade Practices Commission (“the Commission” for short) which raises the issue of interpretation of Section 12-B of the Monopolies and Restrictive Trade Practices Act, 1969 (“the said Act” for short).

2. It is the case of the petitioner that an application under Section 12-B of the said Act for compensation is maintainable as a separate legal remedy irrespective of the other legal proceedings initiated by the petitioner while on the other hand Respondent No.2, Bank of Baroda, claims that such an application is not maintainable in view of the earlier legal proceedings instituted by the petitioner.

3. The facts of the case are that the petitioner-Company was incorporated and registered as a private limited company under the Companies Act, 1956 in the year 1975 and is a recognized export house dealing with export of carpets, durries and other allied products. The petitioner rooted its transaction in trade through Bank of Baroda since its very inception. The petitioner claims to have a




























































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