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january 2009

Supreme Court of India · 2009-01-15

M/S.TATA FINANCE LTD.NOW TATA MOTORS LTD vs N.POONGODI

Citation / case number
SC 2007/60324
Court
Supreme Court of India
Petitioner
M/S.TATA FINANCE LTD.NOW TATA MOTORS LTD
Respondent
N.POONGODI
Author
S.H. KAPADIA,H.L. DATTU, , ,
Bench
S.H. KAPADIA,H.L. DATTU, , ,

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. The Court emphasized that the Commission should have examined the scope of the arbitration proceedings and the concept of abuse of process, particularly given the ten-year delay in filing the application. The impugned judgment was set aside, and the matter was remitted to the Commission to frame and decide the preliminary issue within four months.

M/S.TATA FINANCE LTD.NOW TATA MOTORS LTD vs N.POONGODI · Niyam