Law: Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970

Section: 19

Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)--Ss. 19(1)(a)(2) & 21 Non compliance of order of Authority Imposition of penalty Authority by an order passed under S.19(1)(a) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970, imposed a penalty of Rs.50, 000 on Undertaking and amount of penalty was to be deposited under relevant head of account by specified date Undertaking having defaulted and having not paid penalty by due date, Authority vide its order imposed a penalty of Rs.10, 000 per day on Undertaking from date of alleged default under S.19(2) of Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 Undertaking having failed to pay penalty within given time, matter was referred to District Collector for recovery of outstanding amount as arrears of land revenue Undertaking vide a letter informed that principal amount of penalty of Rs.50, 000 was paid and also requested for waiver of additional penalty and/or an opportunity of being heard On date of hearing representative of Undertaking could not give cogent reason in support of his pleadings Authority, informed representatives of Undertaking that after passing impugned orders, Authority had become functus officio and was not in a position to review its orders under law and that Undertaking was attempting to reopen a closed matter whereas proper course of action should have been to file an appeal within, the time limit prescribed in Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 which it had failed to do. ORDER Briefly stated the facts of the case are that the Monopoly Control Authority ('the Authority') passed an order under section 19(1)(a) of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 (the Ordinance) on 25 9 2001 imposing a penalty of Rs.50,000 (Rupees fifty thousand only) on Messrs Kohat Cement Company Limited which was to be deposited under the relevant head of account by November 8, 2001. However, the Undertaking defaulted and did not pay the penalty by the due date and thus did not comply with the…

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