Messrs Rupali Polyester Limited (the Undertaking) was asked to supply the information/documents by November 10, 2002 vide letter dated October 26, 2002 but it failed to comply within the stipulated period i.e. by 10th November, 2002. A Show-Cause Notice No.11 of 2002-2003 was, therefore, served on the Undertaking on November 18, 2002. Vide its letter dated November 15, 2002 the Undertaking, submitted that its Chief Executive was out of country and by the time the Authority's letter came to his attention upon his return, the due date had expired. It further submitted that the information called for was very voluminous and would take some time for A completion and promised to supply the same latest by next week. The requisite information/documents was furnished by the Undertaking vide its letter dated November 18, 2002.
2. In response to the show-cause notice, the Undertaking vide its letter dated. November 23, 2002 - submitted that the information was duly submitted vide its letter dated November 18, 2002 and therefore, requested for the withdrawal of the show-cause notice.
3. The matter was fixed for hearing on July 21,. 2003 through hearing notice issued to the Undertaking on July 2, 2003. In response Mr. Abdul Hayee, Director Finance, Rupali Polyester Limited appeared on behalf of the respondent Undertaking and repeated the arguments mentioned in para.1 supra. He admitted that vide letter dated October 26, 2002 Messrs Rupali Polyester Limited was required to furnish the requisite information to the Authority up to 10th November, 2002. But this could not be done because Authority's letter, was addressed to the Chief Executive who was out of country and by the time the letter came to his attention upon his return, the due date had expired.
However, vide letter dated November 15, 2002 the Authority was informed that the requisite information would be submitted by next week and it was accordingly supplied vide letter dated November 18, 2002. He however, admitted that the delay was for eight days only arid requested,the Authority for a lenient view as the delay was not wilful.
4. After considering all facts and the arguments of the Undertaking, the Authority decided that the reasons given for the delay are not cot-wincing and therefore, ordered to impose a penalty of Rs.5,000 (Rupees five thousand only) under section 19(1) 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 o B the order.