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C.M.NAYAR, MOKSH MAHAJAN
DIRECTOR GENERAL (INVESTIGATION AND REGISTRATION) – Appellant
Versus
MODI ALKALI AND CHEMICALS LIMITED – Respondent


Counsel for the Parties :
For the Complainant :Mr. V.K. Mehta, Advocate.
For the Respondent No. 1: None.
For the Respondent Nos. 2, 3, 4, 5 & 9:Mr. B.B. Ahuja, Sr. Adv. with Mr. Dinesh Goyal, Mr. Rajesh Malhotra, Ms. Smita Mohan and Mr. H.C. Sehgal, Advocates.
For the Respondent No. 6: None.
For the Respondent No. 7:Mr. Rahul Ray, Advocate.
For the Respondent No. 8:Mr. Aditya Narain, Advocate with Ms. Sophia Bawan, Advocate.

ORDER

Ms. Moksh Mahajan, Member—Maintainability of the proceedings initiated as a result of issuance of Notice of Enquiry have been assailed by the respondents, who are ten in number.

2. First the facts in brief in order to appreciate the issue in question. An anonymous complaint was received alleging that some of the leading Undertakings in the Northern India have entered into a cartel for hiking the prices of their products having monopoly therein. The prices of chlorine gas and hydrochloric acid were stated to have registered an increase of 277% and 200% within six and four months respectively in the year 1992. The same were contended to be a result of an agreement amongst the parties to create an artificial scarcity in order to raise the prices of the products. Since the prices of the main raw materials namely, sodium chloride and electricity had more or less remained the same, there was stated to be a fictitious crises created to take advantage of the market position where the demand exceeded the supply. The parties are : Modi Alkali and Chemicals Limited (R-1); Shri Ram Consolidate Limited (R-8); Punjab Alkali and Chemical Limited (R-4); Kanoria Chemicals Limited (R-3); Ballarp






























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