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Showing contexts for: missing documents in Eaton Power Quality Pvt Ltd vs Competition Commission Of India & Ors. on 10 September, 2021Matching Fragments
1. Annual Audited financial statement (P&L and Balance Sheet, Cash flow, Schedules and Notes) for the preceding 3 (Three) years 2016,2017 and 2018.
2. GST registration certificate
3. PAN number of the company
4. Solvency Certificate.
The above-mentioned documents should be sent latest by 5th Oct 2019 to successfully complete the registration process. Missing documents can result in incomplete applications and may result in disqualification. To submit the documents, kindly use the same email id as filled in the form by the applicant."
Category 1: Five entities who had registered and submitted all the supporting documents.
Category 2: Three entities, which had registered along with either incomplete, or missing documentation. Category 3: Two entities which had merely registered, but not supplied any of the supporting documents whatsoever. In terms of the said communication, the Petitioner- Eaton fell into the Category 3, as it had not submitted any supporting documents.
82. Vide letter dated 18th November, 2019 submitted by Schneider's counsels to the CCI, Schneider informed CCI that in respect of entities which are falling in Category 2, further documentation, etc. had been received. Thus, the said entities were to be included in the White Labelling negotiation process. An extension was accordingly sought by Schneider till 5th March 2020, in respect of the timelines prescribed in Paragraph 109 of the Approval Order, to conclude the negotiation process, and till 5th April 2020, to submit the Draft White Labelling Agreement.
15. The key contention of Schneider is that there was no technical glitch at its end to receive the documents that were required to be submitted as a part of the white-labelling registration process. The relevant instruction in the online registration process read as "The above mentioned documents should be sent latest by 5th Oct 2019 to successfully complete the registration process. Missing documents can result in incomplete applications and may result in disqualification. To submit the documents, kindly use the same email id as filled in the form by the applicant". Schneider has further contended that Eaton has misled the Commission and obtained the impugned direction dated 7th January, 2020. On the other hand, Eaton has submitted that it was never its case that there was a technical glitch on the part of Schneider that restricted them from submitting the relevant documents. It has further stated that neither Eaton nor the Commission have ever imputed the blame for the technical error to Schneider and it is Eaton's admitted position that the technical error was at its end.