Supreme Court - Daily Orders
M/S Rajasthan Cylinders And Containers ... vs Competition Commission Of India on 19 November, 2019
Bench: R. Banumathi, A.S. Bopanna, Hrishikesh Roy
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ITEM NO.2 COURT NO.5 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3195/2019
(Arising out of impugned final judgment and order dated 29-03-2019
in CRLMC No. 4363/2018 passed by the High Court Of Delhi At New
Delhi)
M/S RAJASTHAN CYLINDERS AND CONTAINERS LIMITED Petitioner(s)
VERSUS
COMPETITION COMMISSION OF INDIA Respondent(s)
(IA No. 57705/2019–EXEMP.FROM FILING C/C OF THE IMPUGNED JUDGMENT)
WITH SLP(Crl) No. 5489-5490/2019 (II-C)
(IA No.94923/2019-EXEMP.FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 19-11-2019 These matters were called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE R. BANUMATHI
HON'BLE MR. JUSTICE A.S. BOPANNA
HON'BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s) Mr. Gaurav Agrawal,Adv.
(SLP 3195/2019) Mr. Manan Verma, AOR
(SLP 5489-90/2019) Mr. Saiby Jose Kidangoor,Adv.
Mr. Abid Ali Beeran P, AOR
Mr. Sarath S. Janardanan,Adv.
For Respondent(s) Mr. Prashanto Sen,Sr.Adv.
Mr. Ashwarya Sinha, AOR
Mr. Srijan Sinha,Adv.
Mr. Alok K. Singh,Adv.
Mr. Pranay Ranjan,Adv.
Mr. Anirudh Bakhru,Adv.
Mr. B. V. Balaram Das, AOR
For Applicant(s)
Signature Not Verified
Mr. Udayan Jain,Adv.
Mr. Sonal Jain, AOR
Digitally signed by
MAHABIR SINGH
Date: 2019.11.19
18:06:31 IST
Reason: Mr. Kamal Sharma,Adv.
M/s.Gunjan Richhari,Adv.
Contd...2/-
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UPON hearing the counsel the Court made the following
O R D E R
The question falling for consideration in these special leave petitions is whether the complaint filed under Section 42(3) of the Competition Act 2002 before the Court of Chief Metropolitan Magistrate for non-payment of penalty levied under Section 43 of the Act is maintainable.
The High Court by the impugned order(s) held that the proceedings initiated before the Chief Metropolitan Magistrate for the non-payment of penalty levied under Section 42(3) of the Act is maintainable.
We have heard Mr. Gaurav Agrawal, learned counsel appearing for the petitioner in SLP(Crl.)No.3195/2019 & Mr. Saiby Jose Kidangoor, learned counsel appearing for the petitioner in SLP(Crl.)No(s).5489-5490/2019 and Mr. Prashanto Sen, learned senior counsel appearing for the respondent-Commission.
We do not find any ground warranting interference with the impugned order(s) in exercise of our jurisdiction under Article 136 of the Constitution of India.
The special leave petitions are accordingly dismissed. We have also heard Mr. Udayan Jain, learned counsel appearing for the applicants.
In view of the dismissal of the special leave petitions, the application(s) for intervention shall stand dismissed.
Pending applications, if any, shall also stand disposed of.
(MAHABIR SINGH) (BEENA JOLLY) COURT MASTER BRANCH OFFICER