Independent compensation remedy under MRTP law does not require prior proceedings before seeking maintainable relief.

Section 12B of the Monopolies and Restrictive Trade Practices Act creates an independent compensatory remedy for loss or damage caused by monopolistic, restrictive or unfair trade practice. Its maintainability does not depend on prior proceedings under Sections 10 or 36B, because the inquiry power under Section 12B(3) is separate and the statute contains no express link making compensation relief conditional on earlier action. The compensation applications were therefore maintainable, while the respondents remained free to contest on merits whether any monopolistic, restrictive or unfair trade practice was established before the Tribunal.

---

---

Issues: Whether an application for compensation under Section 12B of the Monopolies and Restrictive Trade Practices Act, 1969 is maintainable without separate proceedings under Section 10 or Section 36B of that Act.

Analysis: Section 12B confers a distinct remedy enabling a claimant to seek compensation for loss or damage caused by monopolistic, restrictive or unfair trade practice. The power under Section 12B(3) to conduct an inquiry into the allegations in the compensation application is independent of the Commission's powers under Sections 10 and 36B. The absence of any express textual link making Section 12B dependent on prior proceedings under Sections 10 or 36B, coupled with the scheme of the provision and its introduction as an additional remedy, shows that Parliament did not intend such interdependence. The earlier decision relied on by the Tribunal did not decide this specific question.

Conclusion: An application under Section 12B is maintainable without the prior initiation of separate proceedings under Section 10 or Section 36B.

Final Conclusion: The impugned orders were set aside and the compensation applications were held to be maintainable, while leaving the respondents free to contest whether any monopolistic, restrictive or unfair trade practice was made out on the merits before the Tribunal.

Ratio Decidendi: Section 12B of the MRTP Act constitutes an independent compensatory remedy, and its maintainability does not depend on prior proceedings under Sections 10 or 36B unless the statute expressly so provides.

---