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april 2004

Supreme Court of India · 2004-04-19

Man Roland Druckimachinen Ag vs Multicolour Offset Ltd. & Anr

Citation / case number
AIR 2004 SUPREME COURT 3345
Court
Supreme Court of India
Petitioner
Man Roland Druckimachinen Ag
Respondent
Multicolour Offset Ltd. & Anr
Author
Ruma Pal
Bench
Ruma Pal, P.Venkatarama Reddi

Judgment text excerpt

The Supreme Court upheld the jurisdiction of the Monopolies and Restrictive Trade Practices Commission to entertain a compensation claim under Section 12B of the Monopolies and Restrictive Trade Practices Act, 1969, despite the appellant's objections based on a choice of law clause favoring German law and arbitration. The Court ruled that such a clause was void under Sections 28 and 23 of the Indian Contract Act, as it contravened public policy. Consequently, the Commission's decision to proceed with the claim was affirmed, allowing the respondent to seek compensation for unfair trade practices.

Man Roland Druckimachinen Ag vs Multicolour Offset Ltd. & Anr · Niyam