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december 2004

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.

Radhika Kapur & Ors vs M/S D.L.F. Universal Ltd · Niyam