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Judgment
THIS is an application moved by the petitioner under Section 12B of the Monopolies and Restrictive Trade Practices Act, 1969 claiming compensation An objection is raised on behalf of the respondents that since the petitioner has also filed a Civil Suit No. 1278 of 1994 which is pending before MJFC Civil Judge (Senior Division), Nagpur, therefore, on the same cause of action the present application is not maintainable as two parallel proceedings cannot go together. The submission made by the learned Counsel for the respondent has some force.
THIS Commission, in the cases of Pragati Construction Co. v. Otis Elevators Co. (India) Limited, reported in (1993) CTJ 397 (MRTPC); Oriental Agencies v. Tata Oil Mills Company Limited, reported in (1995) CTJ 227 (MRTPC), and Director General (Investigation & Registration) v. Sahyadri Motors Agency & Mahindra and Mahindra Limited, reported in I (1998) CPJ 18 (MRTP)=(1997) 5 CTJ 78 (MRTPC), has also held that parallel proceedings on the same cause of action cannot go together. THIS being so, this application is not maintainable and it is accordingly dismissed. No order as to costs. Application dismissed.