1. M/s. Sindh Abadgar's Sugar Mills Limited (hereinafter referred to as the `undertaking'), was directed by the Monopoly Control Authority (hereinafter referred to as the `Authority'), vide its Order, dated May 10, 2006 (hereinafter referred to as the `Order'), to release 8.33% of its production every month, commencing form October 2005. The undertaking was, therefore, required to release 58.31% of its production by April 30, 2006 (8.33% x 7 months). Instead it released 45.88 % which was 12.43 % less than the prescribed percentage and thus it did not comply with the Order of the Authority.
2. The Authority, therefore, issued a Hearing Notice to the undertaking on June 17, 2006, under Section 19 of the Monopolies and Restrictive Trade Practices (Control & Prevention)
2. Ordinance 1970 (hereinafter referred to as the `Ordinance'), to show cause as to why appropriate action under Section 19 of the Ordinance may not be taken against it.
3. On the date of hearing, Mr. Nisar H. Verani, appeared before the Authority, as an authori%ed representative, and argued the case. He submitted that the undertaking started crushing from November 27 2005 and thus its sugar year may be considered as December -- November. He further submitted that the undertaking had released 45.88 %, which was above the required percentage of 41.65 @ 8.33 % per month of the production, from December 2005 to April 2006. Since the undertaking had "carry over stock of 66 tons and could have released sugar in October 2005, the Authority decided that its sugar year should be taken as October 2005 to September 2006.
4. The Authority, after considering the facts of the case, submissions of the authori%ed representative of the undertaking and the fact that it released less sugar by end April 2006, decided, in terms of the power vested under Section 19 of the Ordinance, to impose a penalty of Rs 100,000 (Rupees One Hundred Thousand), which shall be deposited by it under the relevant head of account within seven days from the date of receipt of this Order. The undertaking shall also release at least 8.33 % of its production for the ensuing months.