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.