Page 101 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

Notes 5.7 Miscellaneous Provisions

Power to Grant Interim Relief

Sec.33 provides as follows:
1. Where during an enquiry before the Commission, it is proved to the satisfaction of the
Commission, by affidavit or otherwise, that an act in contravention of Sec.3 or Sec.4 or

Sec.6 has been committed and continues to be committed or that such act is about to be
committed, the Commission may, by order, grant a temporary injunction restraining any
party from carrying on such act until the conclusion of such enquiry or until further orders,
without giving notice to the opposite party, where it deems it necessary.
2. Where during the enquiry before the Commission it is proved to the satisfaction of the

Commission by affidavit or otherwise that import of any goods is likely to contravene Sec.3
or Sec.4 or Sec.6, it may, by order, grant a temporary injunction restraining any party from
importing such goods until the conclusion of such enquiry or until further orders, without
giving notice to the opposite party, where it deems it necessary and a copy of such order
granting temporary injunction shall be sent to the concerned authorities.

Power to Award Compensation

Sec.34 provides as follows:

1. Without prejudice to any other provisions contained in this Act, any person may make
an application to the Commission for an order for the recovery of compensation from any
enterprise for any loss or damage shown to have been suffered, by such person as a result
of any contravention of the provisions of Sections 3 to 6 having been committed by such
enterprise.

2. The Commission may, after an enquiry made into the allegations mentioned in the
application made under (1), pass an order directing the enterprise to make payment to the
applicant, of the amount determined by it as realizable from the enterprise as compensation
for the loss or damage caused to the applicant as a result of any contravention of the
provisions of Sections 3 to 6 having been committed by such enterprise.

Appearance before Commission

Sec.35 provides that a complainant or defendant or the Director General may either appear in
person or authorise one or more chartered accountants or company secretaries or cost accountants

or legal practitioners or any of his or its officers to present his or its case before the Commission.
Review of Orders of Commission

Sec.37 provides that any person aggrieved by an order of the Commission from which an appeal
is allowed by this Act but no appeal has been preferred, may, within thirty days from the date of
the order, apply to the Commission for review of its order and the Commission may make such

order thereon as it thinks fit. However, the Commission may entertain a review application after

the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by
sufficient cause from preferring the application in time.

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