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In Re: Travancore-cochin - Court Judgment

LegalCrystal Citation
CourtMonopolies and Restrictive Trade Practices Commission MRTPC
Decided On
Judge
Reported in(1978)48CompCas765NULL
AppellantIn Re: Travancore-cochin
Excerpt:
1. this is a suo motu enquiry under sections 10(a)(iv) and 37 of the monopolies and restrictive trade practices act against m/s. travancore cochin chemicals ltd. of alwaye of kerala. in the notice of enquiry it is alleged that the respondent appears to be indulging in the restrictive trade practice of discriminating between actual users of caustic soda inter se in so far as supply is made on the basis of past offtake which results in the denial of supplies to the actual users who had no such offtake in the past; the company has filed its reply dated 30th october, 1975. in para 14 of its reply it is stated that the respondent-company is a government company and, therefore, without a notification by the central government under section 3 of the monopolies and restrictive trade practices.....
Judgment:
1. This is a suo motu enquiry under Sections 10(a)(iv) and 37 of the Monopolies and Restrictive Trade Practices Act against M/s. Travancore Cochin Chemicals Ltd. of Alwaye of Kerala. In the notice of enquiry it is alleged that the respondent appears to be indulging in the restrictive trade practice of discriminating between actual users of caustic soda inter se in so far as supply is made on the basis of past offtake which results in the denial of supplies to the actual users who had no such offtake in the past; The company has filed its reply dated 30th October, 1975. In para 14 of its reply it is stated that the respondent-company is a Government company and, therefore, without a notification by the Central Government under Section 3 of the Monopolies and Restrictive Trade Practices Act, the Act does not apply to this company. Mr. Rajgopal has filed a letter addressed to the Director of Investigation by the Special Secretary to the Government of Kerala setting out the share structure of the company which shows that more than 80% of the capital of the respondent is owned by the Government of Kerala, the Fertilisers and Chemicals (Travancore) Ltd.-a Central Government managed company and the Kerala State Industrial Development Corporation. Under Section 617 of the Companies Act, the company is, therefore, a Government company.

2. In our opinion, the Monopolies and Restrictive Trade Practices Act does not apply to the company and these proceedings must fail and the notice of enquiry is discharged with no order as to costs.


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