Financial Daily from THE HINDU group of publications
Saturday, Nov 22, 2003
Financial Daily from THE HINDU group of publications Saturday, Nov 22, 2003 |
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Courts/Legal Issues Industry & Economy - Courts/Legal Issues Govt agrees to amend Competition Act Our Bureau
New Delhi , Nov. 21 DEFENDING the provisions of the Competition Law, the Centre on Friday submitted before the Supreme Court that it would amend the Competition Act so that High Courts do not execute the awards given by the Competition Commission of India (CCI). Legal experts say that this in effect would mean that the Government would have to incorporate additional sections in the Act to provide for mechanisms to implement orders of the Commission. The Act in its current form (Section 39) prescribes execution of the awards given by the Commission by High Courts or Principal Civil Court. ``Also, if the Government deletes the said Section, the recovery orders given by CCI will not be treated as a decree of a High Court,'' experts point out. According to the Section, `Every order passed by the Commission under this Act shall be enforced by the Commission in the same manner as if it were a decree or order made by a High Court or the Principal Civil Court in a suit pending therein and it shall be lawful for the Commission to send, in the event of its inability to execute it, such order to the High Court or the Principal Civil Court as the case may be, within local limits of whose jurisdiction... ' ``We expected that it will be scrapped before we take up further hearing of the petition challenging the appointment of a bureaucrat to head the Commission,'' a Bench comprising the Chief Justice, Mr V.N. Khare, and Mr Justice S.B. Sinha observed today. At the hearing, the Attorney General, Mr Soli J. Sorabjee, submitted before the apex Court that the Government would appropriately amend Section 39 of the Competition Act under which respective High Courts were made the executing courts for the awards given by the Commission.
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