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january 2009

Supreme Court of India · 2009-01-15

M/S.Tata Finance Ltd.Now Tata Motors ... vs N.Poongodi & Anr

Court
Supreme Court of India
Petitioner
M/S.Tata Finance Ltd.Now Tata Motors ...
Respondent
N.Poongodi & Anr
Bench
H.L. Dattu, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the Monopolies and Restrictive Trade Practices Commission erred in not deciding the maintainability of the Compensation Application No. 7/2007 as a preliminary issue, which the appellant contended was an abuse of process due to the ten-year delay. The Court emphasized the need for the Commission to examine the scope of the arbitration proceedings and the pleadings before the Arbitrator before proceeding. The impugned judgment was set aside, and the matter was remitted to the Commission to decide the preliminary issue within four months.

M/S.Tata Finance Ltd.Now Tata Motors ... vs N.Poongodi & Anr · Niyam