Acp Nb/Sub N.Mohan Rao (Retd.) v. Bishal Juice Corner
Case brief
What is this about?
The Competition Commission of India examined an information alleging unfair competition and illegal occupation of public premises at a military hospital. The Commission found that the alleged conduct does not involve an anti-competitive agreement under Section 3 and falls outside the Act's scope, ordering closure of the matter under Section 26(2).
What did the court decide?
The Commission directed the matter be closed forthwith under Section 26(2) of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA Case No. 20 of 2025
In Re:
ACP NB/Sub N.Mohan Rao (Retd.) …Informant 143,Pirpukar Road, Bansdroni, South Twenty Parganas, Kolkata, West Bengal 700070 And Bishal Juice Corner Prop.Mr. Sujit Kumar Nandi, …Opposite Party Near Water ATM, Command Hospital (Eastern Command), Alipore, KolkataWest Bengal 700027
CORAM: Ms. Ravneet Kaur Chairperson Anil Agrawal Member Ms. Sweta Kakkad Member Mr. Deepak Anurag Member
Order under Section 26(2) of the Competition Act, 2002
- The Information has been filed by ACP NB/Sub N.Mohan Rao (Retd.) (‘ Informant ’) against Bishal Juice Corner (Proprietor: Ex. NK Sujit Kumar Nandi), (‘ Opposite Party ’ / ‘ OP ’) alleging inter alia contravention of Section 3 of the Competition Act, 2002 (‘ the Act ’).
Case No 20/2025
Page 1 of 5
- According to the Informant, Shop No.2, Command Hospital, Eastern Command, Kolkata where the OP is running his business was allotted to the Informant vide Allotment letter dated 23.03.2022 issued by V.K. Patra, Brig. IC Admn. & Cdr. Tps., Command Hospital, Eastern Command, Kolkata. The Informant also signed a Lease and License Agreement dated 15.04.2022 with the Commandant, Command Hospital, Eastern Command, Kolkata. However, even after two and a half months of the said agreement, Informant could not take over the possession as it was not vacated by the OP. Vide letter dated 25.06.2022, Informant states that he submitted a representation to the Commandant, Command Hospital, Eastern Command, Kolkata requesting to hand over the possession of the shop as per the agreement. Subsequently, a response was issued to Informant, by Lt Col. MS Sampath Kumar vide letter dated 24.09.2022 Ref 150001/Logistic Office/2022 in which it was stated that since the lease cum license agreement made with him could not be materialised even after 90 days, the same may be treated as null and void.
Issues for consideration
2 issues framed by the court
whether allegations of unhygienic food sale and illegal occupation of public premises constitute contravention of Section 3 of the Competition Act, 2002
whether the Commission can assume cognizance of matters regarding unauthorized occupation of premises and violation of food safety standards under the Competition Act
Parties & counsel
- respondent
Bishal Juice Corner (Prop. Mr. Sujit Kumar Nandi)
Coram
Ravneet Kaur
Anil Agrawal
Sweta Kakkad
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · August
- Case no.
- 20/2025
- Topic
- Consumer Protection
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