' Messrs Essa 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,52 of 20022003 on June 25, 2003, in response to which the Undertaking supplied the requisite information vide its letter dated June 27, 2003. The Undertaking submitted that it was sending regular dispatch reports from June 13, 2003.
2. The matter was fixed for hearing vide hearing notice dated August 13, 2003. Mr. Muhammad Zaheer, an authorized representative, appeared on behalf of the Undertaking but he could not give any cogent reason for not furnishing the information for the period prior to June 13, 2003 as required by the Authority.
3. After considering all facts and the arguments of the authorized representative of the Undertaking, the Authority noted that since the Undertaking was submitting the requisite information regularly with effect from June 13, 2003 a lenient view may be taken of its past default.
The Authority, therefore, ordered to impose a penalty of Rs.25,000 (Rupees twenty 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.