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B.M.LAL, R.L.SUDHIR
DIRECTOR GENERAL OF INVESTIGATION AND REGISTRATION – Appellant
Versus
MAHINDRA & MAHTNDRA LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Applicant :Mr. S.P. Pahwa, Advocate.
For the Respondent:Mr. T. Andhyarujina, Sr. Adv. with Mr. Aditya Narain, Advocate.

ORDER

Mr. Justice B.M. Lal, Chairman—This order shall dispose of a Restrictive Trade Practices Enquiry initiated against Mahindra & Mahindra Ltd. (hereinafter referred to as the respondent) under Sections 10(a)(iii) and 37 of the Monopolies and Restrictive Trade Practices Act, 1969 (the Act in short). The Director General (Investigation and Registration) (the DG in short) started suo motu proceedings against the respondent for booking of vehicles in the various schemes launched by it. Based on the application filed by the DG under Section 10(a)(iii) and 36B(c) of the Act, Notice of Enquiry was issued and sent to the respondent annexing a copy of the complaint as filed by the DG. It reads as under :

“Whereas the Director General of Investigation and Registration (The DG) undertook suo motu investigation into the various schemes for booking of vehicles, accepting deposits at the time of booking and deployment of these deposits by the respondent under Section 11(2) of the MRTP Act and has filed an application that Clauses 2(d), (f), 6(c), 5(d) attract the provisions of Section 2(o)(ii) of the MRTP Act and the price lists issued by the respondent do not contain the stipulation that the v























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