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NEHA CREATIONS Vs AMERICAN PRESIDENT LINES

Date of Decision: Aug. 2, 2001

Citation: 2002 2 CPJ 31

Hon'ble Judges: C.M.Nayar , R.L.Sudhir J.

Final Decision: Complaint dismissed

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Judgement

1. THIS UTPE No. 142/2000 has been filed under Sections 36A, 36B(a), 10(a)(1), 37 and 36D of the Monopolies and Restrictive Trade

Practices Act, 1969 and Regulation 51 of the Monopolies and Restrictive Trade Practices Commission Regulations, 1991. The respondent Nos. 1

and 3 have filed a reply wherein they have stated that the complainant earlier filed a UTP Enquiry which was permitted to be withdrawn by an

order passed by this Commission on 19th December, 1999. The same may be reproduced as below :

Disposed of as withdrawn at the instance of learned Advocate Mr. Chauhan for the applicant/complainant in view of the fact that the

applicant/complainant has moved a compensation Restrictive Trade Practices Act, 1969 on the same subject-matter and on the same cause of

action. THIS order of ours shall not come in the way of the applicant/complainant in carrying its compensation application to its logical conclusion

on its own merits.

The complainant has filed this complaint again on the same cause of action. We do not find any ground to entertain this complaint. The same is

dismissed. Notice of Enquiry is discharged. Complaint dismissed.