POWER OF THE COMMISSION TO GRANT TEMPORARY INJUNCTIONS.
(1) Where, during an inquiry before the Commission, it is proved, whether by the
complainant, Director General, any trader or class of traders or any other person, by
affidavit or otherwise, that any undertaking or any person is carrying on, or is about to
carry on, any monopolistic or any restrictive, or unfair, trade practice and such
monopolistic or restrictive, or unfair, trade practice is likely to affect prejudicially
the public interest or the interest of any trader, class of traders or traders generally
or of any consumer generally, the Commission may, for the purposes of staying or
preventing the undertaking or, as the case may be, such person from causing such
prejudicial effect, by order, grant a temporary injunction restraining such undertaking or
person from carrying on any monopolistic or restrictive, or unfair, trade practice until
the conclusion of such inquiry or until further orders.
(2) The Provisions of rules 2A to 5 (both inclusive) of Order XXXIX of the First Schedule
to the Code of Civil Procedure, 1908 (5 of 1908), shall, as far as may be, apply to a
temporary injunction issued by the Commission under this section, as they apply to a
temporary injunction issued by a civil court, and any reference in any such rule to a suit
shall be construed as a reference to an inquiry before the Commission.
Explanation 1 : For the purposes of this section, an inquiry shall be deemed to have
commenced upon the receipt by the Commission of any complaint, reference, or, as the case
may be, application or upon its own knowledge or information reduced to writing by the
Explanation II : For the removal of doubts, it is hereby declared that the power of the
Commission with respect to temporary injunction includes power to grant a temporary
injunction without giving notice to the opposite party. 70.
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