Adlabs Ltd. Vs.
Rajasthan Patrika P.Ltd. [2008] INSC 1955 (17 November 2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.4209 OF 2008 Adlabs Ltd. .......... Appellant
Rajasthan Patrika P. Ltd. .............. Respondent ORDER
1.
This
appeal is by a complainant before the Monopolies and Restrictive Trade
Practices Commission, aggrieved by non-grant of interim- relief. The appellant
is a Radio Broadcaster. It wanted its advertisement to be published in the
respondent's newspaper. The respondent refused to publish appellant's
advertisement. The appellant therefore approached the Commission alleging that
respondent's refusal amounted to a restrictive trade practice which resulted in
loss to the appellant. The appellant also sought an interim direction to the
respondent under section 12A of Monopolies and Restrictive Trade Practices Act,
1969 (`Act' for short) to publish its advertisements.
2.
The
Commission considered the interim prayer and rejected the same by the impugned
order dated 25.4.2008. On the facts and circumstances, it was not inclined to
grant the interim order sought.
3.
We
find that this is not a fit case for interference with the discretion exercised
by the Commission in refusing interim direction. Granting the interim relief
sought would virtually amount to allowing the complaint even before the matter
is considered on merits. No irreparable injury or loss is made out on account
of the refusal.
4.
The
appeal is therefore dismissed. We however request the Commission to dispose of
the matter expeditiously as it raises an important issue and decision thereon
may have a bearing on similar questions that may arise in future.
.......................................................J.
[R. V. Raveendran]
.......................................................J.
[D. K. Jain]
New
Delhi;
November
17, 2008.
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