Bombay Oil Industries v. Union Of India

Bombay Oil Industries v. Union Of India

(Supreme Court Of India)

Civil Appeal No. 3191 Of 1983 With S.L.P.(Civil) No. 4311 Of 1983 | 14-11-1983

CHANDRACHUD, C.J.

1. The order of the Government dated November 30, 1982 which is impugned in these proceeding leaves much to be desired. But we do not propose to admit the appeal since after hearing a longish argument from Shri Anil B. Divan on behalf of the appellant, we are satisfied on the material produced before us and on perusal of the counter affidavit of the Government that, there were good reasons for passing the impugned order. We must, however, impress upon the Government that while disposing of applications under Sections 21, 22 and 23 of the Monopolies and Restrictive Trade Practices Act, 1969 it must give good reasons in support of its order and not merely state its bald conclusion. The faith of the people in administrative tribunals can be sustained only if the tribunals act fairly and dispose of the matters before them by well considered orders. The relevant material must be made available to be objectors because with out it, they cannot possibly must the claim or contentions of the applicants under Sections 21, 22 and 23 of the MRTP Act. The refusal of the Government to furnish such material to the objectors can amount to a denial of a reasonable opportunity to the objectors to meet the applicants case. And denial of a reasonable opportunity to meet the other mans case is denial of natural justice. On the question of the need to give reasons in support of the conclusions to which the Government has come, the authorities concerned may, with profit, see the Judgments of this Court in Union of India v. Mohan Lal Capoor & Ors., Siemens Engineering & Manufacturing Co. of India Limited v. Union of India & Anr. and Uma Charan v. State of Madhya Pradesh & Anr.

2. With these observations we dismiss the special leave petition and the appeal.

3. Petition dismissed.

Advocate List
Bench
  • HON'BLE JUSTICE Y. V. CHANDRACHUD (CJI)
  • HON'BLE JUSTICE E. S. VENKATARAMIAH
  • HON'BLE JUSTICE R. B. MISRA
Eq Citations
  • [1984] 55 COMPCAS 356 (SC)
  • [1984] 1 SCR 815
  • (1984) 1 COMPLJ 57 (SC)
  • (1984) 1 SCC 141
  • AIR 1984 SC 160
  • 1983 (2) SCALE 816
  • LQ/SC/1983/330
Head Note

A. Monopolies and Restrictive Trade Practices — Ss. 21, 22 and 23 — Disposal of applications under — Reasons to be given — Failure to give reasons — Held, Government must give good reasons in support of its order and not merely state its bald conclusion — Relevant material must be made available to objectors — Refusal of Government to furnish such material to objectors can amount to a denial of a reasonable opportunity to objectors to meet applicants case — Denial of a reasonable opportunity to meet other mans case is denial of natural justice — Authorities concerned may with profit see the Judgments of Supreme Court in Union of India v Mohan Lal Capoor, Ors, Siemens Engineering & Manufacturing Co of India Ltd. v Union of India, Anr. and Uma Charan v State of Madhya Pradesh, Anr.