TaxTMI 
TaxTMI 
2011 (5) TMI 1160
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....Advocate for JSPL/R-3. Dr. Ashwani Bhardwaj and Mr. S.P. Sharma, Advocates for R-4. ORDER CM APPL No. 5716/2011 (for exemption) Exemption allowed subject to all just exceptions. The application is disposed of. CM APPL No. 6415/2011 (for amendment of petition) For the reasons stated therein and without prejudice to the rights and contentions of the parties, this application is allowed. The amended petition is taken on record. The application is disposed of. WP (C) 2691/2011 & CM APPL No. 5715/2011 (for directions) 1. Notice. Mr. Tarun Gulati, Mr. Shaqib, Ms. Pallavi Shroff and Mr. Ashwani Bhardwaj, learned counsel accept notice on behalf of Respondent Nos. 1, 2, 3 and 4 respectively. With the consent of learned counsel for the part....
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....igation and granted liberty to SAIL to file its reply before the DG. 4. The order dated 8th December 2009 of the CCI was challenged by the SAIL before the Competition Appellate Tribunal ('Tribunal'). The CCI filed an application on 28th January 2010 before the Tribunal seeking impleadment in the appeal and also filed an application for vacation of interim orders which had been passed by the Tribunal on 11th January 2010 staying further proceedings before the DG. The Tribunal by its order dated 15th February 2010 dismissed the CCI's application for impleadment. It directed that the CCI must give reasons while passing any order, direction or taking any decision. While setting aside the order of the CCI and recording a finding that there was ....
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.... officers of JSPL were also asked to appear in person to explain "the modalities and mechanics of producing rails by using various available techniques". Significantly, none of the officers of JSPL were examined on oath. Also their statements were not recorded by the DG. 7. A certificate dated 1st February 2010 issued by M/s S.S. Kothari Mehta & Co. was produced before the DG by JSPL. Relying on the above certificate the DG observed in para 8 of Chapter 8 of his report that JSPL was not in a position to commercially produce long rails prior to 28th April 2008 only, using RH degasser technology. Before this, it was using the vacuum tank degassing technique for degassing the steel which did not comply with the regulation laid down by IR. Thi....
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....to cross- examine the witnesses who had provided information to the DG regarding the modalities and mechanics of producing rails by JSPL. The second was an application under Section 57 CA read with Regulation 35 of the CCI Regulations 2009 seeking access to the documents provided by JSPL to the DG containing list of buyers who procured their requirements of RDSO compliant rails from JSPL as well as granting access to the document regarding the quantity of rails supplied by JSPL based on the orders placed by each of such buyers. 10. Both the applications were rejected by the CCI by an order dated 17th March 2011. The CCI noted the amendment to Regulation 20 (2) of the CCI Regulations 2009 with effect from 20th October 2010. The CCI held tha....
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....nts as to the basis for their conclusion. It is further submitted that documents forming the basis of a decision of the DG adverse to the SAIL had to be provided to SAIL in compliance with the principles of natural justice. Reliance is place on the decisions in Lakshman Exports Limited v. Collector of Central Excise (2005) 10 SCC 634, K.L. Tripathi v. State Bank of India (1984) 1 SCC 43 and New India Assurance Company Limited v. Nusli Neville Wadia (2008) 3 SCC 279. Mr. Tripathi relies on the observations made in the last mentioned judgment that "an effective show cause can be filed when eviction is sought for a specified ground and the occupants must know the particulars in relation thereto." He also relied on the following observation in ....
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....countants to JSPL and not to the CCI. No witness as such has been examined to 'prove' the certificate. The question of cross-examination of any 'witness' in regard to such certificate does not arise. It is always open to SAIL to challenge the certificate of the chartered accountants by filing affidavits of its witnesses. In any event, in the impugned order the CCI had provided SAIL an opportunity to adduce witnesses by way of rebuttal of the report of the DG by filing affidavits or other material as it deems appropriate. 16. On the aspect of disclosure of the information concerning the buyers of long rails of JSPL, Mr. Tripathi urged that in terms of the CCI Regulations 2009, the DG or the CCI as the case may be, had to be satisfied that t....