1. O R D E R M/s. Farooq Habib Textile Mills Ltd., engaged in manufacture and sale 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 total value of assets of the undertaking as per its annual audited accounts for the year ended September 30, 2002 were 518.727 million rupees and an undertaking the total value of assets of which is not less than three hundred million rupees is required to furnish to the Monopoly Control Authority (hereinafter referred to as the 'Authority')every year, within four months of the closing of its financial year, the information prescribed under The Monopoly Control Authority (Supply of Information) Rules, 1995 (hereinafter referred to as the 'Rules') but it failed to supply the information under the Rules for the years ended September 30, 2003 & 2004. The undertaking was reminded vide letter dated May 11, 2005 but it failed to do so. The undertaking was again reminded vide letter dated June 27, 2005 but it failed to respond to the Authority's letter or to supply the requisite information. The undertaking was, therefore, served Show Cause Notice No.14 of 2005-06 dated September 8, 2005 under section 19 of the Ordinance. The undertaking did not respond to the Show Cause Notice.
2. For disposal of the Show Cause Notice the Authority fixed the matter for hearing on December 4, 2006 at Lahore vide hearing notice dated November 17, 2006.
3. On the date of hearing no one, on behalf of the undertaking, appeared before the Authority.
4. The Authority, after considering the facts of the case concluded that non-supply of information by the undertaking even after issue of letter dated May 11, 2006 and reminder dated June 27, 2006 and non-compliance to the Show Cause Notice was willful. The Authority, therefore, decided the matter ex-parte and imposed a penalty of Rs 100,000/- on it. The undertaking is required to deposit the penalty under the relevant head of account and to furnish original paid challan to the Authority within fifteen days from the date of receipt of the Order. The undertaking is also required to supply the requisite information by that time frame. In case of failure, action shall be initiated against the undertaking under sub-section (2) of Section 19 of the Ordinance.