M/s Swastik Stevedores Private Limited v. M/s Dumper Owner's Association & Ors.
Case brief
What is this about?
The Competition Commission imposed penalties on the Dumper Owners Association (DOA) for continuing to restrict dumper supply to non-members, violating a prior order. The Commission held DOA and its office bearers liable for non-compliance under Section 42.
What did the court decide?
DOA fine: Rs. 1,17,40,000/-. Office Bearers (President, Secretary) fines: Rs. 29,35,000/- each for 587 days of non-compliance.
What the court decided
COMPETITION COMMISSION OF INDIA Case No. 42 of 2012
In Re:
Swastik Stevedores Private Limited
Informant
And
1. Dumper Owners Association Opposite Party No. 1 2. Paradip Port Trust Opposite Party No. 2
CORAM
Mr. Devender Kumar Sikri Chairperson Mr. S. L. Bunker Member Mr. Sudhir Mital Member Mr. Augustine Peter Member Mr. U.C. Nahta Member
Mr. Justice G. P. Mittal Member
Appearances: Shri Sriman Narayan Mishra, Senior Assistant Traffic Manager of
Paradip Port Trust.
Shri Surjit Bhaduri, Advocate for Dumper Owners’ Association and its Office Bearers.
Issues for consideration
3 issues framed by the court
Whether the Dumper Owners Association contravened the Commission's order dated 21.01.2015 under Section 27 of the Act?
Whether the Office Bearers of the Association are liable to be punished under Section 42 of the Act for non-compliance?
Whether the Commission can impose a daily fine for the period of non-compliance?
Parties & counsel
- respondent
Dumper Owners Association
- respondent
Paradip Port Trust
Coram
Devender Kumar Sikri
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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