M/s Amrut Distillerites Ltd VS. Swami Nandagopalan & Ors

Supreme Court of India

Case Law No.5680, Reporting JudgeH.K. Sema

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M/s Amrut Distillerites Ltd VS. Swami Nandagopalan & Ors

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5680 OF 2006

DLF Universal Ltd. & Anr.

Versus The Director General

[Investigation & Registration]

& Anr.

JUDGMENT Lokeshwar Singh Panta, J.

1. M/s DLF Universal Limited (first appellant herein) and DLF Qutab Enclave Complex Educational Education Charitable Trust (second appellant herein) have filed this appeal under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 [hereinafter referred to as `the MRTP Act'] read with Order XX-A of the Supreme Court Rules, 1966 against the judgment and final order dated 3rd July, 2006 recorded by the Monopolies and Restrictive Trade Practices

2 Commission, New Delhi [for short `the Commission'] in M.A.

No. 14 of 2004 (Review) in UTPE No. 350 of 1997 whereby and whereunder the Commission has directed the appellants to execute fresh lease deed in favour of Raj Kamal, complainant - second respondent herein with amendments suggested by the complainant - second respondent and to incorporate Clause 11(a) and (b) in the agreement to lease dated 1.12.1992 instead of Clause 4 in the draft lease deed which provided for the refund in the event of termination of the lease deed.

2. Briefly stated the facts giving rise to the filing of the present appeal are as follows:-

M/s DLF Universal Limited is a public limited company registered and incorporated under the Indian Companies Act, 1956. It purchased free hold lands at Gurgaon in the State of Haryana for setting up a colony known as `DLF Qutab Enclave Complex'. It applied for and was granted licence in terms of the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 [for short `the State Act']. M/s DLF Universal Limited and other group of companies created DLF

3 Qutab Enclave Complex Educational Charitable Trust wherefor a large ...

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