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december 2012

Supreme Court of India · 2012-12-11

Girish Chandra Gupta vs U.P Indl.Dev.Corpn.Ltd And Ors

Court
Supreme Court of India
Petitioner
Girish Chandra Gupta
Respondent
U.P Indl.Dev.Corpn.Ltd And Ors
Author
A. K. Patnaik
Bench
A.K. Patnaik, Swatanter Kumar

Judgment text excerpt

The Supreme Court addressed the maintainability of compensation applications under Section 12B of the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) after its repeal by the Competition Act, 2002. The Court held that an application for compensation under Section 12B does not require prior proceedings under Sections 10 or 36B of the MRTP Act, thus overturning the Competition Appellate Tribunal's reliance on Saurabh Prakash v. DLF Universal Ltd. [(2007) 1 SCC 228]. The Court concluded that the appellants' applications were maintainable, allowing the appeals to proceed.

Girish Chandra Gupta vs U.P Indl.Dev.Corpn.Ltd And Ors · Niyam