1. O R D E R M/s. Service Industries Textiles Ltd., engaged in the spinning and sale of yarn made from raw cotton and synthetic fiber, 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 by Monopoly Control Authority (hereinafter referred to as the 'Authority'), for supply the information under Section 21 of the Ordinance, vide letter, dated April 05, 2005 but it failed to do so.
2. The undertaking was reminded vide letter dated June 13, 2005 but it again failed to respond to the Authority's letter or to supply the requisite information. The undertaking was, therefore, served Show Cause Notice No.15 of 2005-06 dated September 8, 2005 under section 19 of the Ordinance. The undertaking did not respond to the Show Cause Notice.
3. 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.
4. On the date of hearing Mr. Ahmir Siddique, Company Secretary and Manager Accounts, of the undertaking appeared before the Authority as authorized representative and argued the case. He submitted a copy of annual audited accounts of the undertaking for the year ended on June 30, 2006 but he could not provide complete information asked for vide Authority's letters dated April 5 and June 13, 2005. However, he promised to submit the information for the years 2004 & 2005 by December 11, 2006.
5. The Authority, after considering the facts of the case and submissions of the authorized representative concluded the default of the undertaking as willful 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.