R & R Tech Mach Limited v. Chief Executive Officer, Noida & Ors.
Case brief
What is this about?
The Competition Commission of India rectified an order dated 29.04.2014 under Section 38(2)(a) of the Competition Act, 2002, to correct a mistake apparent from the record where the order wrongly stated that arguments were heard from opposite parties who had not been noticed. The court held this to be a clerical error not affecting the substantive part of the order.
What did the court decide?
The order dated 29.04.2014 was rectified to state that arguments were addressed only by the Advocate for the Informant.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 09 of 2014
In Re:
R & R Tech Mach Limited Address: A-16, Sector - 62, Institutional Area, Noida - 201309, Uttar Pradesh. Informant
And
- Chief Executive Officer, New Okhla Industrial Development Authority Main Administrative Building, Sector - 6, Noida, Uttar Pradesh . Opposite Party No.1
- The Chairman,
National Association of Software and Services Companies, International Youth Centre, Teen Murti Marg, Chanakyapuri, New Delhi - 110021 Opposite Party No.2
- The Managing Director, Bharat Heavy Electricals Limited, BHEL House, Sirifort, New Delhi - 110049. Opposite Party No.3
CORAM:
Mr. Ashok Chawla Chairperson
Issues for consideration
3 issues framed by the court
Whether an order closing a case without notifying opposite parties contains a mistake apparent from the record justifying rectification under Section 38(2)(a).
Whether rectification is permissible when the error is a clerical omission regarding the hearing record rather than a substantive amendment.
Whether the Competition Commission has the power to amend an order to reflect that no arguments were heard from opposite parties.
Parties & counsel
- petitioner
R & R Tech Mach Limited
- respondent
Chief Executive Officer, New Okhla Industrial Development Authority
- respondent
The Chairman, National Association of Software and Services Companies
- respondent
The Managing Director, Bharat Heavy Electricals Limited
Coram
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1
- Order 2 — this page
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