w w w . L a w y e r S e r v i c e s . i n



Director General (Investigation & Registration) v/s M/s. Plastic Packers


Company & Directors' Information:- R V PLASTIC LIMITED [Active] CIN = U74899DL1995PLC064732

Company & Directors' Information:- L C PACKERS PRIVATE LIMITED [Active] CIN = U25202DL2012PTC241798

Company & Directors' Information:- K M D PACKERS PRIVATE LIMITED [Active] CIN = U74950DL2000PTC104742

Company & Directors' Information:- P D PLASTIC PRIVATE LIMITED [Active] CIN = U25201UP2004PTC029001

Company & Directors' Information:- PACKERS INDIA PVT LTD [Active] CIN = U99999MH1985PTC038391

Company & Directors' Information:- Q E D PACKERS PRIVATE LIMITED [Active] CIN = U74950DL2001PTC110725

Company & Directors' Information:- S. R. PLASTIC (INDIA) PRIVATE LIMITED [Active] CIN = U25200GJ2009PTC057813

Company & Directors' Information:- K V PLASTIC PRIVATE LIMITED [Active] CIN = U25209UP1992PTC014271

Company & Directors' Information:- S S A S PACKERS PRIVATE LIMITED [Active] CIN = U21029WB2012PTC179508

Company & Directors' Information:- A TO Z PLASTIC PRIVATE LIMITED [Strike Off] CIN = U25201UP1997PTC021434

Company & Directors' Information:- V C PLASTIC PRIVATE LIMITED [Active] CIN = U74899DL1988PTC033541

Company & Directors' Information:- PLASTIC PACKERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U25201MH1996PTC101511

Company & Directors' Information:- B V PLASTIC PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031171

Company & Directors' Information:- R A PLASTIC PRIVATE LIMITED [Strike Off] CIN = U25202DL2005PTC137845

Company & Directors' Information:- J. S. PACKERS PRIVATE LIMITED [Active] CIN = U36991UP1995PTC018211

Company & Directors' Information:- PACKERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U14102KA1999PTC024636

Company & Directors' Information:- PACKERS PRIVATE LIMITED [Active] CIN = U21010MH1968PTC014058

Company & Directors' Information:- K B S PACKERS PVT LTD [Strike Off] CIN = U99999UP1972PTC003540

Company & Directors' Information:- P R PLASTIC PRIVATE LIMITED [Strike Off] CIN = U25209DL2006PTC156887

Company & Directors' Information:- A & A PACKERS PRIVATE LIMITED [Active] CIN = U63090UP2011PTC047868

Company & Directors' Information:- S H K PACKERS PRIVATE LIMITED [Strike Off] CIN = U21000HP2013PTC000458

Company & Directors' Information:- R AND P PLASTIC PRIVATE LIMITED [Strike Off] CIN = U25201DL2006PTC146160

Company & Directors' Information:- H A S PLASTIC PRIVATE LIMITED [Active] CIN = U25209DL2002PTC114909

Company & Directors' Information:- PLASTIC CORPN. (INDIA) PVT LTD [Strike Off] CIN = U18102WB1957PTC023635

Company & Directors' Information:- J P C PLASTIC PVT LTD [Strike Off] CIN = U25209GJ1965PTC001345

    Restrictive Trade Practices Enquiry No. 103 of 1999

    Decided On, 19 April 2002

    At, Monopolies and Restrictive Trade Practices Commission New Delhi

    By, THE HONOURABLE MR. R.K. ANAND
    By, MEMBER & THE HONOURABLE MR. R.L. SUDHIR
    By, MEMBER

    For the Complainant: R.D. Makheeja, Advocate. For the Respondent: U.P. Mathur, D.D. Pande, Advocates.



Judgment Text

R.K. Anand, Member

1. We have heard the learned Advocates for the DG as well as that of the respondent. The DG made an application under Section 10(a)(iii) of the Monopolies and Restrictive Trade Practices Act, 1969 [‘the Act’ for brief] alleging that the respondent, Plastic Packers, adopted and indulged in restrictive trade practices by offering discriminatory discounts @ 5% of the value of orders received from Nitin Arora and Rajan Arora and @ 7% to Pharma Printers and this trade practice is violative of the provisions of Section 33(1)(e) of the Act. The contention of the learned Advocate for the respondent is that, admittedly, discriminatory discounts were given by the respondent but on two different products, namely, low density polythene bags and high density polythene bags. It has been clarified that the respondent is a small scale manufacturer of polythene tubes, sheets and bags and different rates of discounts/commission were paid on two different products and not on the same product. It is also stated that the respondent is also pleading gateways under Section 38(1)(h) of the Act and the respondent’s market share is 0.45% in Delhi which is quite negligible and is unlikely to have any material impact on competition. While total production of these products in NCT of Delhi is 1,00,000/- MT per annum, the respondent’s production is 450 MT per annum only. Moreover, as the respondent is a small scale manufacturer of polythene bags, its market area is confined mostly to Delhi and, in view of the competition, it has to give discounts to obtain orders. Learned Advocate for the DG concedes that the respondent has offered discounts @ 5% and 7% of the value of the orders received on two different products and is also entitled to the benefit of gateways pleaded on its behalf

Please Login To View The Full Judgment!

. In that view of the matter, the present enquiry is closed and the Notice of Enquiry dated the 13th September, 1999 is discharged with no order as to costs. N.O.E. discharged.
O R