1998 (11) TMI 455

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....orage. An enquiry was instituted by the Monopolies and Restrictive Trade Practices Commission at the behest of its Director General of Investigation and Registration. A notice of enquiry was issued to the appellant. At the hearing thereof, the appellant did not contest the allegation made in the notice of enquiry and expressed willingness on the very first date of hearing before the Commission to submit to a cease and desist order, which was passed. What is objected to on behalf of the appellant is this further direction of the Commission: 'If the respondent wants to issue an advertisement in future about its product, it will get a draft of its advertisement approved by the Commission.' 3. Impugning the power of the Commission to issue s....

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....ed Additional Solicitor General, appearing for the respondents, emphasized the amended provision upon which the High Court had relied and submitted that there was power in the Commission to issue the impugned direction. 5. Section 36D of the Act as it originally stood, read as follows : "Powers which may be exercised by the Commission inquiring into an unfair trade practice.-(1) The Commission may inquire into any unfair trade practice which may come before it for inquiry and, if, after such inquiry, it is of opinion that the practice is prejudicial to the public interest, or to the interest of any consumer or consumers generally, it may, by order direct that- (a)the practice shall be discontinued or shall not be repeated; and (....