DIRECTOR GENERAL (INVESTIGATION AND REGISTRATION) vs VOLTAS LTD.

WE have heard the learned Advocate for the respondent as well as that of the DG. Learned Advocate representing the respondent states that he is relying on the order passed by the Hon''ble Supreme Court in Civil Appeal No. 130 of 1992, A.I.O. of Chemists and Druggists & Ors. v. Director General of Investigation and Registration, wherein Their Lordships have held as under : "The point in issue before the Commission was with regard to the validity of an agreement between the Chemists of All India Organisation of Chemists and Druggists and M/s. Cynamid India Ltd. From the order of the Commission, it appears that the said agreement had come to an end. In this view of the matter, there was no need for the Commission to have considered whether any of the clauses of the said agreement was valid or not. The appeal is dismissed as having become infructuous."

LEARNED Advocate for the respondents states that the present inquiry is squarely covered by the aforesaid order and has been followed by this very Commission in R.T.P.E. Nos. 496/87, 590/87 and 1208/87. LEARNED Advocate for the DG also concedes that the aforesaid order of the Hon''ble Supreme Court is applicable to the present inquiry and, therefore, the same may be disposed of in the light of the aforesaid order. In view of the above, R.T.P. Enquiry No. 232/98 is closed and the Notice of Enquiry dated 27.1.1999 issued to the respondents is hereby discharged with no order as to costs on the facts and in the circumstances of the case. Ordered accordingly.