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TMI Blog2013 (7) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... o abuse of the powers of FDC and, in fact, according to Ms. Goel, the amended complaint has got nothing to do with the FDC at all. There is nothing on record, at least, to suggest that FDC is actually an associate or affiliate of FMC. - RTPE NO. 262 of 1995 - - - Dated:- 4-2-2013 - JUSTICE V.S. SIRPURKAR,RAHUL SARIN AND MS. Pravin Tripathi, JJ. For the Appellant R.D. Makheeja and C. Shanmugam. For the Respondent Ms. Mala Goel. ORDER:- 1. This matter is a classic example of "much ado about nothing". A complaint was received on behalf of one Time Magnetic (India) Limited, a company registered under the Companies Act, 1956 and one Dhirajlal N. Shah, a citizen of Mumbai. Originally, the complaint was against the Film Makers Combine (FMC for short), Indian Motion Picture Producers Association (IMPPA for short) and Film Distributors Council (FDC for short) which are the bodies incorporated under the provisions of the Companies Act. 2. In this complaint it was, inter alia, stated that the respondents were engaging themselves into restrictive trade practices by their various activities. The said activities were described in Para 2 of the complaint which are as under : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a, stated that the first respondent i.e. FMC, had arrogated its right to declare and stipulate that no producer can start a film without its sanction and permission and that a producer had to apply for permission to the FMC for the purpose of starting shooting. It was urged that no producer could avoid applying for such permission and such producer had to give an undertaking which, in turn, suggests that the producer was not free to act as per his own convenience at least in the matter of the distribution of video cassettes or, as the case may be, the cable TV rights. The undertaking which, according to the complainants, was essential for starting the shooting and completing the film, appears, on the face of it, to be a restrictive trade practice. However, the matter does not stop here. In the complaint, some other examples were also given as to how the injustice was perpetrated against them. There is a clear reference in the complaint to the agreement dated 10.06.1994. 3. Initially, notices were issued to all the respondents and they also came out with their respective replies denying the allegations made in the complaint. It is reported that, at one point of time, the complaint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in pursuing the matter and requesting for withdrawal of the complaint. Be that as it may, thereafter, a fresh notice seems to have been issued to the parties and the parties filed their respective replies thereto. We must, at this stage, clarify that we have not seen, at any stage, the learned counsel or any representative on behalf of the second respondent i.e. IMPPA. However, we do find that, at one point of time, Ms. Renu Narula who was proxy counsel for Ms. Mala Goel, had represented herself as advocate for respondent No. 2. The learned counsel, Ms. Goel, however, says that it was an error and, in fact, she did not hold any Vakalatnama on behalf of respondent No. 2. Barring this, we do not find anywhere even the mention of respondent No. 2 except in the complaint. 5. Be that as it may, therefore, one thing was certain that respondent No. 1 and respondent No. 3, FMC and FDC respectively, took active part in the enquiry. It seems that though both were being represented by the same counsel, the response filed by the first respondent, FMC, however, suggests that they were not responsible and that the whole responsibility was laid only on the shoulders of FDC which was all in all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... withdraw from the case. The matter did not stop here and Shri C.M. Sharma seems to have appeared on 25.02.2011 also before this Tribunal. Thereafter, at no point of time, did Shri Sharma appear on behalf of respondents Nos. 1 and 2 and there does not seem to be any appearance of any representative of respondents Nos. 1 and 2. 7. Ultimately, it seems that the respondents, who were directed, vide order dated 26.11.2009, to obtain the instructions as to whether the agreement dated 10.06.1994 was being acted upon or not, have not filed any affidavit to that effect. It is, at this stage, that Ms. Mala Goel, learned counsel for respondent No. 3, FDC, implores that it will be futile to continue with this complaint for the reason that the complaint has been pending for 18 long years and nobody seems to be interested in pursuing with it including the original complainant whose cause is being taken care of by the DG. 8. Learned counsel for the DG, Shri R.D. Makheeja, however, says that the original agreement itself is the 'bone of contention' which provides for the power of boycotts being effected by respondent No. 1 as well as respondent No. 3. There is nothing against respondent No. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the FDC to order the boycott or to make a producer or distributor to sign an undertaking which would be restrictive to any competition. 12. In view of the above and in view of the fact that the parties have lost interest in the matter, we do not think it proper to continue with this enquiry. Learned counsel for respondent No. 3, Ms. Goel, however assured us that there shall be no abuse of the powers of FDC and, in fact, according to Ms. Goel, the amended complaint has got nothing to do with the FDC at all. She appears to be right. Excepting in the 5th Clause of the amended NOE, we do not find even the mention of the FDC. Now it is clear from the record that the complainant has not complained against the FMC and the amended NOE refers to FDC only as the associate/affiliate of FMC. Ms. Goel very specifically denies that FDC is an associate/affiliate of FMC, respondent No. 1. There is nothing on record, at least, to suggest that FDC is actually an associate or affiliate of FMC. In that manner also, we will have to face the dead wall in the matter of proceeding with the enquiry. In that view of the matter, we close the present enquiry and, accordingly, NOE stands discharged against a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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