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2019 Supreme(Del) 802

R.K.GAUBA
Rajasthan Cylinders and Containers Ltd. – Appellant
Versus
Competition Commission of India – Respondent


Advocates:
Advocate Appeared:
N. Hariharan, Adv., Sushil Gupta, Adv., Manan Verma, Adv., Siddarth Bhatia, Adv., Prashanto C Sen, Adv., Sanjeev Chhikara, Adv., Kuldeep Kumar, Adv., Saiby Jose Kidangoor, Adv., Raneev Dahiya, Adv., Yammi Phazang, Adv., Sanjeev Sabharwal, Adv., Siddharth Jain, Adv., T.N. Durga Prasad, Adv., Gagan Kr, Adv., Anoop Kr, Adv.

JUDGMENT :

R. K. GAUBA, J.

1. The Competition Commission of India ("the Commission", for short), a statutory body established by the Central Government in exercise of its power under Section 7 of the Competition Act, 2002 ("the Competition Act", for short), the respondent herein, has instituted, through its authorized representative, criminal complaints against the petitioners on which the Chief Metropolitan Magistrate (CMM) Delhi has taken cognizance of the offences allegedly committed under Section 42(3) of the Competition Act and issued process. These petitions preferred under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.", for short) bring a challenge to the said summoning orders. Since the question of law, in almost similar factual matrix, raised in these petitions is identical, they have been heard together and are being disposed of by this common order.

THE FACTS

2. It will be appropriate to look at the background facts, to the extent necessary, in the three cases at the outset.

Crl.M.C. 4363/2018

3. The petitioner M/s. Rajasthan Cylinders and Containers Limited (RCCL) is a company based in Jaipur, engaged in manufacture of LPG cylinders. In 2014, it had entered in































































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