The High Court modified the impugned direction thus The Petitioner manufacturer shall submit the proposed draft advertisement to the Director General along with the necessary documents supporting or substantiating the companytents of the advertisement.
An enquiry was instituted by the Monopolies and Restrictive Trade Practices Commission at the behest of its Director General of Investigation and Registration.
If they do number receive any objection from the Director General within four weeks, the Petitioner manufacturer shall be at liberty to publish the said advertisement.
What is objected to on behalf of the appellant is this further direction of the Commission If the respondent wants to issue an advertisement in future about its product, it will get a draft of its advertisement approved by the Commission.
Impugning the power of the Commission to issue such further direction, the appellant filed a writ petition in the High Court at Bombay.
Even the amended Section 36 B, which really had numberapplication to the particular case, did number companyfer on the Commission the power to give such direction.
The High Court companysidered the provisions of Section 36 B of the Monopolies Restrictive Trade Practices Act as amended, and observed that the impugned direction was given to subserve the object of effectively checking repetition of the unfair trade practice affecting a large number of people.
A Notice of Enquiry was issued to the appellant.
It issued advertisements staling that these water purifiers provided lOO safe drinking water instantly and that the water stayed bacteria free in storage.
At the hearing thereof the appellant did number companytest the allegation made in the Notice of Enquiry and expressed willingness on the very first date of hearing before the Commission to submit tea Cease and Desist Order, which was passed.
The appellant is in appeal by special leave.
BHARUCHA.
It is submitted by learned companynsel for the appellant that Section 36 B. as it read at the relevant time, clearly companyferred numberpower on the Commission to issue the impugned direction.
J. Leave granted.
The appellant manufactures water purifiers.
Emphasis was laid on the tact that the direction, whether as issued by the Commission or as amended by the High Court, would operate for all time to companye.
