9911796707
TMI Blog2014 (1) TMI 1954X X X X Extracts X X X X X X X X Extracts X X X X ..... th November, 2013, this Court is also prima facie of the view that the Commission has entered into an adjudicatory and determinative process by recording detailed and substantial reasoning at the Section 26(1) stage itself. In fact, by virtue of the impugned order, this Court is prima facie of the view that the petitioner s remedy under Section 26(7) has been rendered illusory. This Court is also prima facie of the view that by virtue of the impugned order an investigation has been ordered into consent terms which had been approved by this Court by order dated 19th March, 2013 in CS(OS) 442/2013 - Consequently, till the next date of hearing while the petitioner may give information as called upon by the Director General of Competition Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vaidyanathan, learned senior counsel for petitioner submits that the respondent No. 1-Competition Commission of India has no jurisdiction to investigate the action of the petitioner inasmuch as the Patent Act itself provides adequate mechanism to balance the rights of patentee and other stakeholders. In support of his submission, he relies upon the order passed by this Court in CS(OS) 442/2013 as well as Section 3(5)(i) of the Competition Act, 2002. Mr. Vaidyanathan, learned senior counsel for petitioner also refers to the prayer clause of the petition filed by respondent No. 2 and states that respondent No. 1 can neither entertain nor grant any of the reliefs. Mr. Vaidyanathan lastly states that the direction in the impugned order dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 26(1) stage itself. In fact, by virtue of the impugned order, this Court is prima facie of the view that the petitioner s remedy under Section 26(7) has been rendered illusory. This Court is also prima facie of the view that by virtue of the impugned order an investigation has been ordered into consent terms which had been approved by this Court by order dated 19th March, 2013 in CS(OS) 442/2013. Consequently, till the next date of hearing while the petitioner may give information as called upon by the Director General of Competition Commission of India, no final order/report shall be passed either by the Competition Commission of India or by its Director General. Though the Director General of the Competition Commission of India is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
