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Director General (investigation Vs. Koshika Telecom Ltd. - Court Judgment

LegalCrystal Citation
CourtMonopolies and Restrictive Trade Practices Commission MRTPC
Decided On
Judge
Reported inI(2004)CPJ18bMRTP
AppellantDirector General (investigation
RespondentKoshika Telecom Ltd.
Excerpt:
1. learned advocate for the respondent states, under instructions at the bar, that the impugned trade practice has since been discontinued, as the licence agreement between the respondent, koshika telecom limited and the union of india has been terminated vide letter dated 22nd may, 1999 issued by the government of india. a copy of the letter to this effect issued by the ministry of communications dated 22nd may, 1999 has also been annexed. our attention has also been drawn to the affidavit of evidence of shri sena banerjee, filed by and on behalf of the dg. paragraphs 46 and 47 of the affidavit make the above averment.in view of the fact that the impugned trade practice has since come to an end and the agreement has also been terminated, no useful purpose will be served in continuing.....
Judgment:
1. Learned Advocate for the respondent states, under instructions at the Bar, that the impugned trade practice has since been discontinued, as the Licence Agreement between the respondent, Koshika Telecom Limited and the Union of India has been terminated vide letter dated 22nd May, 1999 issued by the Government of India. A copy of the letter to this effect issued by the Ministry of Communications dated 22nd May, 1999 has also been annexed. Our attention has also been drawn to the affidavit of evidence of Shri Sena Banerjee, filed by and on behalf of the DG. Paragraphs 46 and 47 of the affidavit make the above averment.

In view of the fact that the impugned trade practice has since come to an end and the agreement has also been terminated, no useful purpose will be served in continuing with the present proceeding. Accordingly, the complaint petition, on the basis of which the UTPE No. 212/1998 was instituted, stands disposed of and the Notice of Enquiry dated 29th October, 1998 is hereby discharged. We are supported and fortified by the order passed by the Hon'ble Supreme Court in the case of All India Organization of Chemists and Druggists and Ors. v. Director General (Investigation and Registration) reported in 2002 CTJ 4 (SC)(MRTPC).


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