Savaliya Procon & Anr. Vs Union of India & Ors. (Gujarat High Court)
Gujarat High Court held that order passed by National Anti-Profiteering Authority in the matter of profiteering amount of real estate industry is remanded back to Competition Commission of India for determination in accordance with decision of Hon’ble Delhi HC in the case of Reckitt Benckiser India Pvt. Ltd. Vs. Union of India.
Facts- The issue which has been raised in this petition questioning the order dated 26.08.2022 in Case No. 61 of 2022 passed by respondent 2 in Special Civil Application No. 4321 of 2023 and the order dated 12.05.2022 passed in Case No. 10 of 2022 passed by respondent No.2 in Special Civil Application No. 22598 of 2022 are squarely covered by the decision of the Hon’ble Delhi High Court in a group of cases in the case of “Reckitt Benckiser India Pvt. Ltd. Vs. Union of India through its Secretary and others” and other allied matters rendered in WP (C) No. 7743 of 2019 and other similar matters on 29.01.2024.
Conclusion- Held that these two petitions are also remanded back to the Competition Commission of India for determination/ decision in accordance with the decision of the Hon’ble Delhi High Court rendered on 29.01.2024 in the aforesaid case. Accordingly, the impugned orders dated 12.05.2022 in Case 10 of 2022 and 26.08.2022 in Case No. 61 of 2022 passed by the National Anti-profiteering Authority are quashed and set aside, so as to enable the Competition Commission of India to pass appropriate order in accordance with law. Petitions are accordingly disposed off.
