Case No. 32 of 2014. Case: Imperia Structures Limited Vs Dakshin Haryana Bijli Vitran Nigam Limited. Competition Commision of India

Case Number:Case No. 32 of 2014
Party Name:Imperia Structures Limited Vs Dakshin Haryana Bijli Vitran Nigam Limited
Counsel:For Appellant: Mukul Dhawan, O.P. Ahuja, and K.L. Gajnani, Advocates
Judges:Ashok Chawla, Chairperson, Anurag Goel, Member, M.L. Tayal Member, S.L. Bunker Member, Sudhir Mittal Member, and Augustine Peter Member
Issue:Companies Act, 1956 - Sections 391, 394; Competition Act, 2002 - Sections 19(1)(a), 2(h), 26(1), 26(2), 4
Judgement Date:August 06, 2014
Court:Competition Commision of India
 
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Order:

Order under Section 26(2) of the Competition Act, 2002

  1. Information in the instant matter has been filed by M/s. Imperia Structures Limited under Section 19(1)(a) of the Competition Act, 2002 ('the Act') against Dakshin Haryana Bijli Vitran Nigam Limited and some of its officials [Superintending Engineer (Operations), Executive Engineer (Operations) and SDO (Operations) of Sub-division Kadipur, Gurgaon] for their alleged contravention of the provisions of Section 4 of the Act with respect to supply of electricity to its residential project.

  2. The Informant is stated to be engaged in the business of real estate development. The Opposite Party No. 1 is a Government of Haryana undertaking constituted under the Haryana Electricity Reform Act, 1997 and is engaged in the activity of distribution of electricity to the residents of southern Haryana. The Superintending Engineer (Operations), Executive Engineer (Operations) and SDO (Operations) of Kadipur are the officials of the Opposite Party No. 1 and are responsible for execution of electricity distribution work of the Opposite Party No. 1. The allegations of the Informant primarily pertain to the anti-competitive conduct of the Opposite Party No. 1 and its officials have been made proforma party to the case.

  3. As per the information, the Director General, Town And Country Planning, Haryana has granted a license (No. 64 of 2011) to M/s. Phoenix Datatech Services Private Limited ('Phoenix'), M/s. Prime Infoways Private Limited ('Prime Infoways') and M/s. Prime IT Solutions Private Limited ('Prime IT Solutions') for development of group housing colony over an area measuring 17 acres in the village Garoli Khurd and Bassai, Sector-37 C, Gurgoan, Haryana.

  4. The above three license holders have entered into a Development Agreement with the Informant on 07.08.2012 for development of a residential project in the name of Imperia Residential Towers ('the project'). It was agreed by the above license holders to transfer the rights in respect of development, construction and sale of residential units in the project to the Informant. Also, a General Power of Attorney (GPA) was executed in favour of the Informant.

  5. Subsequently, M/s. Phoenix and the Informant had sought amalgamation from the High Court of Delhi vide application dated 01.02.2013 which was allowed under sections 391 and 394 of the Companies Act, 1956. As per the amalgamation, M/s. Phoenix was amalgamated into M/s. Imperia Structures...

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