TaxTMI 
TaxTMI 
TaxTMI 
2013 (7) TMI 250
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....mplained of herein by the Complainants are as under : (i) (a) The illegal and arbitrary action of Respondent No. 1 insisting that all its members and members of its associates/affiliates take "permission" of Respondent No. 1 before commencing production of any film. (ii) The illegal and arbitrary action of Respondent No. 1 in coercing all its members and members of its associates/affiliates not to co-operate with the Complainants in the shooting of the Complainants films by issuing circulars and/or directives to them thereby effectively debarring the Complainants from doing any business whatsoever and which in fact has the effect of preventing any shooting of the Complainants' Film "Gambler" and other films of the Complainants. (iii) The illegal and arbitrary action on the part of Respondent Nos. 1 and 2 in expelling the Complainant after the Complainant had already resigned from the membership of the 2nd Respondent; and (iv) The issuance of circulars by Respondent Nos. 1 and 2 by virt....
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....spective replies denying the allegations made in the complaint. It is reported that, at one point of time, the complaint was also amended. This complaint was filed initially in the year 1995 and it continued to drag on for years. In fact, the amended complaint itself was filed in the year 2003 i.e. after about 8 years of its registration before the erstwhile Monopolies and Restrictive Trade Practices Commission ('the Commission' in brief). Be that as it may, during the pendency of the matter, however, it seems that on 16.03.2007, the counsel for the complainants made a statement that he did not want to pursue the complaint and that he would be filing a suitable application within two weeks. The order dated 16.03.2007 further goes on to state that since the matter was dealing with the restrictive trade practices involving public interest also, the Commission would like to have the views of the Director General (Investigation and Registration) [the DG] in this regard. Accordingly, in the same order, the copy of the application was directed to be served on the DG who was directed to make appropriate submissions on the next date of listing in order to enable the Commission to take a vi....
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....they were not responsible and that the whole responsibility was laid only on the shoulders of FDC which was all in all according to the agreement dated 10.06.1994. Thereafter, at one point of time, after submitting its reply, FMC also lost interest in the matter and stopped appearing altogether. When the matter dragged on further, the only party i.e. respondent No. 3, FDC, took the active part in the proceedings through its counsel, Ms. Mala Goel. We find that, at one point of time, respondent No. 1 had filed an application for discharge of the Notice of Enquiry (NOE). In this application, there is a clear-cut averment that the original complainant i.e. Time Magnetic (India) Limited, has withdrawn the case or has not pursued the case which was simultaneously instituted vide RTP No. 264 of 1995. It is informed to us, at the bar, by Shri Makheeja, learned counsel for the DG, that RTPE 264/1995 which was filed along with the original complaint, has also been closed by the earlier orders. In its application for discharge of NOE, respondent No. 1 maintains that the respondents were neither hampering the competition, in any way, nor were putting any unjustified cost on the consumers. It ....
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.... for the power of boycotts being effected by respondent No. 1 as well as respondent No. 3. There is nothing against respondent No. 2. Learned counsel for respondent No. 3, Ms. Goel, also does not make any grudge against respondent No. 2. 9. In sofar as the specific instances of the abuse of agreement in question are concerned, it is obvious that there has been a settlement between the original complainant and the respondents. Because the complainant does not have any more complaint/grievance of any boycott or the compulsory undertakings which he is to give under the authority of either FMC or FDC so that question will clearly be foreign to the present enquiry. 10. Now, the only question which will be required to be gone into would be as to whether the agreement dated 10.06.1994 itself spells out any powers of boycott or it is so one-sided so as to restrict the competition in terms of Section 10(a)(i) of the Act. There is no question of any restrictions. Shri Makheeja is unable to show anything to that effect. The original complainant has also been reluctant to come before us with complaints. 11. Learned counsel for the DG, however, says that if the agreement can be covered under....