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2016 Supreme(Del) 1762

RAJIV SAHAI ENDLAW
ORIENTAL RUBBER INDUSTRIES PRIVATE LIMITED – Appellant
Versus
COMPETITION COMMISSION OF INDIA – Respondent


Advocates Appeared:
For the Appellant : Mr. Sandeep Sethi, Sr. Adv. with Mr. Amitabh Kumar, Mr. Gautam Sahai & Ms. Ella Bali, Advs.
For the Respondent: Mr. Prashanto Chandra Sen & Mr. Prasenjit Singh, Advs.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. This petition under Article 226 of the Constitution of India was filed pleading-

a. that the petitioner is a manufacturer of several rubber products including manufacturing of fabric re-enforced rubber conveyor belts and ancillary products;

b. that on 2nd June, 2015 the petitioner received a notice dated 27th May, 2015 from the respondent No.2 Director General, Competition Commissioner of India (DG) in suo motu case no. 06/2013 in pursuance of the order of the Competition Commission of India (CCI) under Section 26(1) of the Competition Act, 2002 wherein the petitioner was one of the opposite parties in the case related to a cartel/bid-rigging;

c. that though the notice aforesaid sought detailed information and documents from the petitioner but the petitioner was not provided with any documents/evidence which formed the basis of investigation;

d. that the petitioner on 4th June, 2015 requested for inspection of records with the respondent no.1 CCI in order to understand the context in which notice aforesaid was issued;

e. that on 18th June, 2015 DG issued another notice to the petitioner to show cause why its acts and conduct should not be treated to be




















































































































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