Anti-profiteering computation method challenged as court grants interim stay and bars penalty proceedings pending hearing

The Delhi High Court examined whether the computation method used to determine the profiteered amount in an anti-profiteering order required further consideration. On a prima facie assessment, it found the adopted method warranted examination, particularly as the impugned order followed the same basis as an earlier order concerning the same petitioner but different goods. Pending further hearing, the Court stayed the operation of the impugned order and restrained the respondents from initiating penalty proceedings against the petitioner.

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Issues: Whether the method adopted for computation of the profiteered amount in the impugned anti-profiteering order required consideration, and whether interim protection should be granted pending further hearing.

Analysis: The Court noted that the impugned order proceeded on the same basis as an earlier order passed in relation to the same petitioner, albeit concerning different goods. On a prima facie assessment, the Court found that the method adopted for computation of the profiteered amount required consideration.

Outcome: Notice issued. The operation of the impugned order was stayed until the next date, and the respondents were restrained from initiating penalty proceedings against the petitioner.

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