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C.M.NAYAR, MOKSH MAHAJAN
DIRECTOR GENERAL (INVESTIGATION AND REGISTRATION) – Appellant
Versus
TATA ENGINEERING AND LOCOMOTIVE CO. LTD. – Respondent


Counsel for the Parties :
For the Applicant :Mr. V.K. Mehta, Advocate.
For the Respondent:Mr. Aditya Narain with Mr. Brijesh Kalappa, Advocates.

ORDER

Mr. Justice C.M. Nayar, Chairman—This order will dispose of an application of the Director General of Investigation and Registration under Section 10(a)(iii) and Section 36B(c) of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the Act). The respondent is a Public Limited Company incorporated under the Companies Act, 1956 having its registered office at Bombay and is engaged in the business of manufacturing and selling of Passenger Cars, Light Commercial, Medium Commercial and heavy vehicles. The applicant undertook suo motu investigation under Section 11(2) of the Act into various schemes announced by the respondent for booking of vehicles, accepting deposits at the time of booking and deployment of these deposits by the respondent on interest bearing loans/investments. The following clauses are Clause 9 and Clause 14, which are alleged to form the restrictive trade practices/unfair trade practices under the provisions of the Act, may be reproduced below :

Clause 9 : “Applications which are not complete in every respect may be rejected. In case the final receipt of the booking deposit by Tata Engineering and Locomotive Co. Ltd. falls shor











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