2017-TIOLCORP-NEWS-093 | Thursday, May 11, 2017

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COMPANIES LAWS
 

2017-TIOLCORP-05-NCLT

Sanjay Gambhir Vs Renaissance Buildcon Pvt Ltd

Whether transfer of shares done in pursuance of an agreement in order to secure the investment can be termed as oppressive - NO: NCLT

Whether NCLT, being a court of equitable jurisdiction, can grant relief to a person who comes with unclean hands, being guilty of defalcating the amount belonging to another party - NO: NCLT

Petition Dismissed: NCLT

 
 
COMPETITION LAWS
 
2017-TIOLCORP-02-SC-CL

Excel Crop Care Ltd Vs CCI

Whether CCI can hold an enquiry u/s 3 of the Act in respect of tender of March, 2009 even though Section 3 came into force on 20th May, 2009 vide a notification - YES: SC

Whether CCI investigation can be conducted even in respect of those facts which are not contained in the complaint but which reveal agreements prohibited u /s 3 and having an appreciable adverse effect on competition - YES: SC

Whether it can be said that the appellants, being the only suppliers in the market for the product, have indulged in cartelization when it is proved that they had been quoting identical prices in all the tenders and had through concerted action boycotted one such tender - YES: SC

Whether conclusion of CCI that the appellants had entered into an agreement/arrangement and pursuant thereto indulged in collusive bidding by forming a cartel, resulting into contravention of Section 3 of the Act, is justified - YES : SC

Whether in case of multi product companies, penalty u/s 27(b) cannot be levied on the total turnover and must be restricted to “relevant turnover”, i.e., relating to the product in question - YES : SC

Appeal dismissed: SUPREME COURT OF INDIA

 
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