TaxTMI 
TaxTMI 
2004 (12) TMI 393
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....d with certain observations. 2. In the application/complaint filed under section 36A of the Monopolies and Restrictive Trade Practices Act (for short 'Act'), the main relief sought for was to restrain the respondent from cancelling the allotment of the apartments in D.L.F. Beverly Park, Gurgaon for non-payment of the extra amount demanded from the appellants by the letter dated 2-6-1997 etc. The immediate provocation for filing the complaint seems to be the letter issued by the respondent-company on 18-9-1998 calling upon the appellants to pay the escalated charges by 10th October, 1998 failing which, the respondent threatened to cancel the allotment without further notice. One of the other reliefs sought for was to direct the respondent....
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....closed, have chosen to by-pass that remedy and invoked the jurisdiction of this Court under article 136 of the Constitution. 5. The Commission observed that the case was ripe for final disposal and no immediate irreparable loss will be caused if the interim relief prayed for was not granted, especially having regard to the fact that the interests of the applicants was sufficiently protected by the earlier order by placing a restraint on the cancellation of allotment. The Tribunal referred to the interim order of this Court in certain other matters concerning some other parties who filed similar complaints before the Commission. That order was passed in C.A. Nos. 6502-6520 of 1998. In that case, while issuing notice, interim order was pas....
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....her endeavour to get possession of the flats by filing the present application, i.e., I.A. No. 5 of 2004. The relief sought for is to direct the respondent to give the possession of the respective apartments as per agreement and to stay the escalation charges and interest on the delayed payment as demanded by the respondent. As the point arising in I.A.5 and the main appeal is practically the same, they are being disposed of by this order. 7. The latest position regarding the amounts payable as per the respondent's demand is given at page 68 of I.A.No. 5. There are six items in the tabular statement as shown below : 1.Dues towards basic sale price 2.Dues towards extra charges 3.Delayed interest on basic sale price 4.Delayed I....
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....y declined such relief. 8. The course of enquiry has been virtually stalled by the appellants by making persistent efforts to get interim relief in some form or the other. Without going into the larger question whether the Commission could straightaway pass an order under section 12-A directing possession to be handed over on the payment of balance sale price, we are not inclined to interfere with the impugned order of the Commission. In declining to grant the relief of possession by way of interim measure, the Commission cannot be said to have committed a jurisdictional error or patent illegality. There is no perversity, nor irrelevant reasoning which makes the impugned order vulnerable to attack. No irreparable damage is caused to the ....