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Judgment
O R D E R
16.09.2022 An Interlocutory Application no. 2072 of 2022 has been filed by the Appellants praying for execution of order and judgment of this Tribunal dated 18.04.2022 in Transfer Original Petition (AT)(MRTP) No. 04 of 2017 (Old RTPE No. 176/1999). This Tribunal, by the aforesaid judgment, issued the following order:
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“52.In view of foregoing discussions and our answer to the Questions as noted and dealt above, we are of the opinion that Complainants are entitled for relief in this complaint.
ORDER
The complaint is disposed of with the following directions:
(i)The Complainants are entitled to refund of total amount of Rs.3,23,944.60 with 8% compound interest with effect from 08.04.1999 (date on which allotment was cancelled) till the payment is made. The Respondent No.2 is directed to make the aforesaid payment within a period of four weeks from today.
(ii)Apart from refund as we have directed at point (i) above, the Complainants are also entitled for compensation to compensate for loss or damages caused to them by the unfair trade practices of the Respondents. We award compensation of Rs.5,00,000/- to be paid by Respondent No.2 within a period of four weeks from today in addition to the amount of refund as directed above.”
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In the above Application No. 2072/2022, by our Order dated 16.08.2022, we have issued notice through e-mail and speed post. Direction was also issued to take steps for publication of notice in two newspapers, one in English in ‘Indian Express’ and in Hindi in ‘Navbharat Times’. An Affidavit of Service has been filed by the Appellant bringing on record the publication of Notice in two Newspapers, as directed, which was published on 26.08.2022. It has also been submitted that e-mail and speed post notice was also sent to both the Respondents. Notice was also sent to the Lawyer representing the Respondents, who have replied that they do not represent the Respondents any more. Notices having been published in the newspapers, we treat that the service of notices on Respondents have been served.
Learned Counsel for the Appellants submits that Respondents stay in the jurisdiction of District Court, Saket, Delhi. Section 53-P of Competition Act. 2002 provides as follows:
“Section 53P in the Competition Act, 2002
(1)Every order made by the Appellate Tribunal shall be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Appellate Tribunal to send, in case of its inability to execute such order, to the court within the local limits of whose jurisdiction,—
(a)in the case of an order against a company, the registered office of the company is situated; or
(b)in the case of an order against any other person, place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated.
(2)Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.”
Section 53-P (2) provides that the Appellate Tribunal may transmit any order made by it to a Civil Court having local jurisdiction and such Civil Court shall execute the order as if it were a decree made by that Court.
We, in exercise of our power under Section 53-P(2), transmit our judgment and decree dated 18.04.2022 to the District Court, Saket, Delhi, which is a Civil Court having local jurisdiction for execution. Learned District Judge, Saket may assign the execution to appropriate Court for carrying on execution of the Decree in accordance with law.
I.A. No. 2072 of 2022 is disposed of accordingly.
We permit the Appellants to file certified copy of this order as well as the judgment dated 18.04.2022 before the District Court, Saket, Delhi within two weeks.