M/S. A.B.N.A. AND ORS. versus THE MANAGING DIRECTOR, M/S. U.P.S.I.D.C. LIMITED, KANPUR & ANR.

M/S. A.B.N.A. AND ORS. versus THE MANAGING DIRECTOR, M/S. U.P.S.I.D.C. LIMITED, KANPUR & ANR.

The MRTP Commission's order dated 13.09.2007 was an interim order and not a consent order; as such, the Commission had the power under Section 13(2) to recall or modify it at any time and the review application was not barred by limitation.

Parties
Petitioner: M/S. A.B.N.A. AND ORS.; Respondent: THE MANAGING DIRECTOR, M/S. U.P.S.I.D.C. LIMITED, KANPUR & ANR.
Jurisdiction
India
Judgment Date
08 May 2012
Procedural Posture
SLP (civil) Nos. 16116 16117 of 2010 / Special Leave Petition Dismissed
Outcome
Special Leave Petitions dismissed.
Legal Topics
Review of Interim Orders, Allotment of Industrial Plot, Jurisdiction of MRTP Commission
Monopolies and Restrictive Trade Practices Review of Interim Orders Allotment of Industrial Plot Jurisdiction of MRTP Commission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

M/S. A.B.N.A. AND ORS.

Petitioner

THE MANAGING DIRECTOR, M/S. U.P.S.I.D.C. LIMITED, KANPUR & ANR.

Respondent

Procedural Posture

SLP (civil) Nos. 16116 16117 of 2010 / Special Leave Petition Dismissed

Legal Issues

  1. 1 Whether the MRTP Commission's 13.09.2007 order was a consent order and could be recalled.
  2. 2 Whether review application was barred by limitation under Section 13(2) of the MRTP Act.
  3. 3 Whether the MRTP Commission has jurisdiction to direct handover of possession of the allotted plot.

Ratio Decidendi

The MRTP Commission's order dated 13.09.2007 was an interim order and not a consent order; as such, the Commission had the power under Section 13(2) to recall or modify it at any time and the review application was not barred by limitation.

Court Disposition

Special Leave Petitions dismissed.

Orders

  • Special leave to appeal declined.
  • No order as to costs.