J. M. Malik, Presiding Member—Counsel for the complainant present. Arguments heard. The complainant has filed an application for condonation of delay. It is not mentioned that when the cause of action had arisen. On 05.02.2008, Smt. Sudha Shrotria filed a complaint on the same cause of action on the unfair trade practices etc. under MRTP Act (since repealed) before the MRTP Commission (RTPE No. 4/2008). Thereafter, the proceedings were transferred to the Competition Appellate Tribunal. On 02.12.2013, the complainant moved an application for withdrawal of this case. The Hon’ble Chairperson, Competition Appellate Tribunal passed the following order:-

“After considerable arguments, the applicant seeks to withdraw this complaint with the liberty for approaching this matter with National Consumer Disputes Redresssal Commission (NCDRC). It is opposed by the learned counsel appearing for the other side. However, considering the nature of evidence, nature of allegations and the proof supported by the complainant here, we deem it fit to give that permission. Needless to say that the pendency before this Tribunal is requested to be considered while considering the question of limitatio