Case No. 12 of 2015. Case: Ashok Kumar Sharma Vs Agni Devices Pvt. Ltd.. Competition Commision of India

Case Number:Case No. 12 of 2015
Party Name:Ashok Kumar Sharma Vs Agni Devices Pvt. Ltd.
Counsel:For Appellant: Kamal Anand, Advocate
Judges:S.L. Bunker, Sudhir Mital and M.S. Sahoo, Members
Issue:Competition Act, 2002 - Sections 19(1)(a), 26(1), 26(2), 3, 4
Judgement Date:May 07, 2015
Court:Competition Commision of India
 
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Order:

  1. The information in the instant case has been filed under section 19(1)(a) of the Competition Act, 2002 (hereinafter referred to as the 'Act') by Shri Ashok Kumar Sharma (hereinafter referred to as the 'Informant') against M/s. Agni Devices Private Ltd. (hereinafter referred to as the 'Opposite Party') alleging, inter alia, contravention of the provisions of sections 3 & 4 of the Act.

  2. Facts of the case, may be briefly noted:

  3. As stated in the information, the Informant is running a business under the name and style of 'Agni Security Devices' and trading of fire alarms, fire extinguishers and related equipments. It is submitted that the Informant, after complying with the statutory formalities, entered into the business of fire fighting systems in 2014 (with a different trade name and mark).

  4. As per the information, the Opposite Party claims itself to be the leading manufacturer, developer, importer and exporter of fire alarm systems, fire alarm panels, signalling equipment, detectors, fire-fighting equipment, security system surveillance systems, auto dialers, integrated fire-cum-security systems etc. (hereinafter referred to as the "fire safety equipment").

  5. It is further submitted that the Opposite Party has been using the trademark/trade name 'AGNI' from 1989 which it inherited from its sister-companies 'Agni Instrument Engineers Pvt. Ltd.' and 'Agni Devices Pvt. Ltd.'. It is alleged that the Opposite Party alongwith its sister-companies is engaged in practices which are in violation of section 3 of the Act. The Informant has alleged that the trademark 'Agni' granted by the IP Authority in favour of the Opposite Party has led it to abuse its dominant position in the market.

  6. The Informant has alleged that the Opposite Party had served a legal notice dated 16.09.2014 threatening the Informant to refrain from manufacturing fire safety equipment under the trademark 'AGNI Security Devices'. It is alleged that the threatening language of the said notice indicates abuse of dominance by the Opposite Party which is in contravention of the provisions of section 4 of the Act.

  7. It is also submitted that the Opposite Party is engaged in family business under three different names - Agni, Agni Instrument Engineers Pvt. Ltd. and Agni Devices Pvt. Ltd. It is alleged that the agreement between these sister companies is in violation of the provisions of section 3 of the Act.

  8. Based on the above allegations and the information, the...

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