' Messrs Lucky Cement 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 2.0022003 on June 25, 2003, in response to which the Undertaking supplied the requisite information vide its letter dated June, .30, 2003. It further submitted that the information was partly supplied to the Authority vide its letter dated March 27, 2003, but contended that the details of selling price of all destinations and customers will be supplied as and when required or on weekly basis as the Authority directs.
2. The matter was fixed for hearing on 25-8-2003 through hearing notice dated August 13, 2003. Mr. Muhammad Humayun Khan, General Manager (GR&A), authorized representative, appeared on behalf of the Undertaking and argued the case. He submitted that the requisite information was partly supply by the Undertaking vide its letter dated March 27, 2003. He further submitted that the Authority was also requested to allow the supply of the information on weekly basis instead of daily basis.
3. After considering all facts of the case and the arguments of the authorized representative of the Undertaking, the Authority decided that the reasons given for non-supply of complete information, despite the clear-cut directions of the Authority, were not convincing and therefore, it ordered to impose a penalty of Rs.50,000 (Rupees fifty 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.