ORDER :

MR. JUSTICE G.S. SINGHVI, CHAIRMAN

1. Whether the Notice of Inquiry issued by the erstwhile Monopolies and Restrictive Trade Practices Commission (for short, ‘the Commission’) is not maintainable on the ground that the averments/allegations contained in the complaints do not constitute ‘unfair trade practice’ as defined in Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (for short, ‘the 1969 Act’) and also on the ground that the complaints are barred by time is the question which is required to be decided in view of order dated 13.12.1995 passed by the Commission in UTPE No. 33 of 1995.

2. In 1961, Respondent No. 1, M/s. Swatantra Land & Finance Private Limited floated ‘Indraprasth Colony’ covering an area of about 100 acres of land of Village Itmadpur, Faridabad. After obtaining No Objection from the Village Panchayat under Section 22(h) of the Punjab Gram Panchayat Act, 1952, Respondent No. 1 issued pamphlets in 1962–63 incorporating the salient features of the residential colony and invited the prospective buyers to apply for freehold plots. The