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Showing posts with label Monopolies and Restrictive Trade Practices. Show all posts
Showing posts with label Monopolies and Restrictive Trade Practices. Show all posts
Sunday, December 10, 2017

Monopolies and Restrictive Trade Practices = unfair trade practice - (i) The Board will allot one flat to the appellant in Jodhpur in Board's Middle Income Group “B” Housing Scheme. (ii) The appellant will pay the price of the flat selected by him as per the approved Government's price prevalent and in force as on the date of this judgment. (iii) The Board will adjust a sum of Rs.19,600/- + interest @12% per annum to be calculated on Rs. 19,600/- from the date of its payment by the appellant to the Board till the date of execution of sale deed by the Board in appellant’s favour from the total price and after giving adjustment of the said amount, i.e.,(principal amount Rs.19,600/- and interest) the balance would be considered as final price payable by the appellant to the Board for purchase of flat. (iv) In other words, the appellant will pay a total price of the flat to the Board after deducting Rs.19,600/- + interest to be calculated @ 12 % p.a. on Rs.19,600/- 7 from the date the said payment was made by the appellant to the Board till the date of execution of sale deed of the flat. (v) The Board will accordingly work out the price of the flat, as directed above, and inform the appellant. (vi) If the appellant deposits the entire sale consideration, as directed above, within the time fixed by the Board in the notice sent to the appellant, the Board will execute the sale deed in favour of the appellant and also in favour of appellant's first blood relation jointly along with the appellant, in case, the appellant expresses his wish to allow any of his blood relation to join with him as co-owner in execution of the sale deed. It is because it was stated at the bar that the appellant is now quite aged. This liberty is, therefore, granted to the appellant. (vii) If the appellant fails to pay the price within the time fixed by the Board then a sum of Rs.19,600/- deposited by the 8 appellant with the Board shall stand forfeited. (viii) Let all the formalities, as directed above, be completed within 6 months from the date of receipt of this judgment by the parties under intimation to both as an outer limit to give quietus to this litigation with no claim of any kind surviving against both the parties for future. 13) In view of foregoing directions, we do not consider it necessary to examine the legal issues arising in the case.

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 2832 OF 2007 Daulat Singh Rathore ...Appella...