Supreme Court of India · 2004-12-17
Radhika Kapur & Ors vs M/S D.L.F. Universal Ltd
- Citation / case number
- AIR 2005 SUPREME COURT 646
- Court
- Supreme Court of India
- Petitioner
- Radhika Kapur & Ors
- Respondent
- M/S D.L.F. Universal Ltd
- Author
- P. Venkatarama Reddi
- Bench
- P.Venkatarama Reddi, A.K. Mathur
Judgment text excerpt
The Supreme Court addressed an appeal against the MRTP Commission's order rejecting interim relief under Section 36A of the Monopolies and Restrictive Trade Practices Act. The Court held that the Commission's decision to deny interim relief was justified as the appellants had not demonstrated a prima facie case for such relief, especially given the existing protection against cancellation of allotment. The Court emphasized that the matter was ripe for final disposal and that the appellants should have pursued the statutory appeal under Section 55 of the Act instead of invoking Article 136 of the Constitution.