Ref. Case No. 01 of 2014. Case: In Re: Emaar MGF Land Ltd. Vs. Competition Commision of India

Case NumberRef. Case No. 01 of 2014
JudgesM.L. Tayal, S.L. Bunker, Sudhir Mital, Augustine Peter and U.C. Nahta, Members
IssueCompetition Act, 2002 - Sections 26(2), 4
Judgement DateSeptember 11, 2014
CourtCompetition Commision of India

Order:

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

  1. The present reference was registered pursuant to the directions issued by the Hon'ble High Court of Delhi in CS (OS) No. 2635 of 2010. For ready reference, the same are quoted below:

    Having gone through the terms and conditions contained in the application form and letter of allotment issued by the defendant, in my view, this is a fit case which calls for investigation by the Competition Commission to examine whether the said document and the conduct of the defendant fall foul of the Competition Act, 2002. The Registry is directed to send copies of the entire correspondence exchanged between the parties which is contained in the documents filed by the parties to the Director General of the Competition Commission, who shall take appropriate action in terms of the Act and in accordance with law.

  2. Accordingly, the registry of the Hon'ble High Court of Delhi forwarded the matter to the Director General (DG), who, in turn, placed the same before the Commission for consideration and appropriate directions.

  3. Before proceeding any further in the matter, it may be observed that the direction issued by the Ld. Single Judge referring the matter to the DG, as aforesaid, was stayed by the Division Bench of the Hon'ble High Court of Delhi in the appeal filed there against being RFA (OS) No. 124 of 2013. As such, no further action was taken by the Commission in the matter.

  4. Subsequently, it appears that the Division Bench of the Hon'ble High Court of Delhi while disposing of the appeal set aside the directions issued by the Ld. Single Judge referring the matter to the DG. The relevant para therefrom may be noticed:

    In an inter party suit it would not be permissible for the Court to pass orders akin to orders passed in public interest under its writ jurisdiction.

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    Under the circumstances we dispose of the appeal affirming the decree passed by the Ld. Single Judge in sum of 15,48,910/- (Rupees Fifteen Lacs Forty Eight Thousand Nine Hundred and Ten only) against the appellant. We set aside the last part of the order wherein directions have been issued to the Director General of the Competition Commission to take appropriate action as per law with respect of the terms and conditions contained in the application form and the letter of allotment.

  5. In view of the aforesaid, no further action is required to be taken in the present matter. However, the Commission has even otherwise...

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