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2005 CLD 345

In the matter of: Messrs DADABHOY CEMENT INDUSTRY LIMITED vs NOT

Citation2005 CLD 345
CourtMonopoly Control Authority
Case No.File No,2(287)/ IX/ Enq/ (Chief-R&I)/ MCA/2003,
Date2003-09-30
Judge(s)Abdul Ghaffar, Muhammad Arshad Parwaiz, Tariq Farooq
ResultOrder accordingly

ORDER

' Messrs Dadabhoy Cement Industries Limited (the Undertaking) was asked to supply the ex- factory price per ton/bag as on March 25, 2003. The Undertaking was also asked to regularly supply the said information on weekly basis along with production and dispatches of each day of the week. Reasons for any change of price were also required to be submitted. However, the Undertaking failed to supply the requisite information to the Authority. It was therefore, served with a Show-Cause Notice No,54 of 20022003 on June 25, 2003, in response to which the Undertaking supplied only partial information vide its letter dated June 30, 2003. The Undertaking submitted that the detailed information was being compiled so as to comply with the requirements of the letter but the information was so detailed and time consuming that it could not be furnished within the stipulated time. It also informed that the requisite information will be provided within shortest possible time and requested for vacation of the show-cause notice.

2. The matter was fixed for hearing on August 25, 2003 vide hearing notice dated August 13, 2003 in response to which neither the respondent Undertaking nor any authorized representative appeared before the Authority.

3. After considering all facts of the case, the Authority observed that the Undertaking has failed to provide the requisite information pertaining to the months of March and April, 2003 despite the clear-cut directions of the Authority. The Authority, therefore, ordered to impose a penalty of Rs.75,000 (Rupees seventy five thousand only) under section 19(1)(a) of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 on the Undertaking. The penalty shall be paid by the Undertaking within one month from the date of receipt of the order.

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