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1987 CLC 1108

Messrs AEG TELEFUNKEN PAKISTAN LTD. vs MONOPOLY CONTROL AUTHORITY

Citation1987 CLC 1108
CourtSindh High Court
Judge(s)Saeeduzzaman Siddiqui
ResultAppeal partly allowed

1. ' This appeal under section 20 of Ordinance No. V of 1970 is directed against the order passed on 4- 10-1974 by the Monopoly Control Authority imposing a fine of Rs.5,000 on the appellant for non- compliance of the directive of the Authority issued on 18-5-1974. The only contention raised by the learned counsel for the appellant in this appeal is that the notice dated 18-5-1974, requiring the petitioner to submit the required information by 20th May 1974 was received by the appellant on 20th May 1974 and, therefore, it was impossible for them to comply with the requisition contained in the notice. It is an admitted position that the information required by the respondent No.2 was supplied to them by the appellant by 10th June, 1974. As the notice requiring the submission of information was served on the very date by which they were asked to submit the required information, it cannot be held that there was any wilful default on their part in supplying the required information.

2. ' In such circumstances the Authority should have taken a lenient view of the non-compliance, if any, as the same was purely technical. More so when the appellant supplied the required information by 10th June 1974 without asking for a fresh notice allowing them sufficient time for furnishing the required information.

3. ' I accordingly modify the order and reduce the fine to Rs.100 (Rupees one hundred) only. The appeal is partly allowed. There will be no order as to costs.

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