Law:

Section:

Monopoly and Restrictive Trade Practices (Control and Prevention) Ordinance (V OF 1970) Ss.13, 14 & 15 Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2 Application under O.XXXIX, Rr.1 & 2, C.P.C. Seeking a restraining order against the defendants from demanding or recovering directly or indirectly any amount by way of war risk charge Validity Provisions of Ss.13, 14 & 15 of the Monopoly and, Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 provided for interim order and that for all practical purposes a proper inquiry could be conducted and to that extent witnesses could be summoned and examined on oath and notices for production of documents for the purposes of recording of evidence, the issuing of commission for the examination of witnesses etc. were applicable for the purpose of coming to a fair and just conclusion If the plaintiff, in the present case, was of the feeling that there had been a violation of the Ordinance, it would have been proper for him to have availed the remedy mentioned in the Ordinance and proceeded accordingly If it was alleged that war risk surcharge in question was void, and illegal and contrary to the provisions of the said Ordinance, seeking relief by way of suit was not proper remedy Monopoly and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 having provided the remedy for the plaintiff, his application under O.XXXIX, Rr.1 & 2, C.P.C. was not maintainable. ORDER In Suit No.175 of 2002 an application (C.M.A. No.1049 of 2002) has been filed, which is an application under Order XXXIX, Rules 1 & 2, C.P.C., seeking a restraining order against the defendants from demanding or recovering directly or indirectly any amount by way of war risk surcharge, Another application under Order VII, Rule 11, C.P.C. (C.M.A. No. 1567 of 2002) was filed by the defendants with the prayer that the plaint should be rejected. 2. In Suit No. 176 of 2002 an application (C.M.A. 1051 of 2002) has been filed, which is an application under Order XXXIX, Rules 1 and 2, C.P.C. seeking a restraining order against the defendants from demanding or recovering directly or indirectly any amount by way of…

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