1. O R D E R M/s. Dostsons Cotton Mills (Pvt) Limited, engaged in the manufacturing and selling of yarn, is an undertaking (hereinafter referred to as the 'undertaking') as defined under Section 2(1)(m) of the Monopolies and Restrictive Trade Practices (Control & Prevention) Ordinance 1970 (hereinafter referred to as the 'Ordinance'). The undertaking was asked to supply the information under Section 21 of the Ordinance, by Monopoly Control Authority (hereinafter referred to as the 'Authority') specified under the Monopoly Control Authority (Supply of Information) Rules, 1995 (hereinafter referred to as the 'Rules'), vide letter dated July 17, 2006, but it failed to do so. The undertaking was reminded vide letter dated August 17, 2006 but it again failed to supply the requisite information or to respond to related letters of the Authority.
2. The undertaking was, therefore, served Show Cause Notice No.06 of 2006-07 dated 27-9-2006, under section 19 of the Ordinance. The undertaking was required to respond to the Show Cause Notice by October 12, 2006. It supplied the information vide its letter dated October 3, 2006.
3. For disposal of the Show Cause Notice the matter was fixed for hearing on October 31, 2006 at Karachi vide hearing notice dated October 16, 2006.
4. On the date of hearing Mr. Sajid A. Ashrafi, Officer Corporate Services of the undertaking, appeared before the Authority as an authorized representative and argued the case.
5. He submitted that the undertaking could not supply the information in time because its Financial Controller was out of city and its computer system was also down. The Authority pointed out that between the last reminder and the Show Cause Notice a period of forty days was available with the undertaking for supply of the requisite information but it seems that it willfully failed to supply the same. It was also noted that the undertaking did not advise the Authority with respect to any difficulties being faced in connection with the supply of the required information.
6. The Authority, after considering facts of the case, submissions of the representative and the fact that the undertaking supplied the requisite information after issuance of the Show Cause Notice decided to impose a penalty of Rs 25,000/- (Rupees Twenty Five Thousands)on the undertaking. The undertaking is required to deposit the amount under the relevant head of account within fifteen days from the date of receipt of the Order.