Mr. Keerthy Krishnan & Others vs Bharat Petroleum Corporation Limited (BPCL) Mumbai & Ors. (Part 2)
- Citation08/2013 (Mr. Keerthy Krishnan & Others vs Bharat)
Ratio decidendi
The rule this decision rests on
An error apparent on the face of an order, such as a mismatch between the cause title in the order and the cause title in the information actually filed, may be rectified under section 38 by reference to the record. Where the record shows the true parties, the Commission may correct the cause title to match them, and the rectification extends only to that error, leaving the rest of the earlier order standing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
COMPETITION COMMISSION OF INDIA 22nd August, 2013 Case No 8/2013 Filed: (i) Mr. Keerthy Krishnan. C/o Keethy Travels, Opp. KSRTC Bus Stand, Palakkad District, Kerala. (ii) Mr. Manish Kumar, Managing Partner, Ammu Transport Corporation, Vannapuram P.O., Thodupuzxha-685607, Kerala. (iii) Mr. K.P. Nandhakumar, LPG Transport Contractors, Metu Thottam, Grey Nagar, Vijalamanglam (Via.), Perundurai-638056, Erode District, Tamil Nadu. (iv) Mr. K.S. Palanisamy, Fleet Owners & Contractors, 19 Budhar Street, Teachers Colony, Erode-11, Tamil Nadu. (v) Mr. K. Ravi Kumar, Proprietor, Rajyalami Transporters, 16 P2, Manikyapuram Road, Palladam. Through: Mr. Venkita Subromaniam, T.R. Advocate, Chamber no. 105, Supreme Court India, New Delhi. Against: (i) Bharat Petroleum Corporation Limited, Regd. Office: Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai-400001. (ii) Regional LPG Manager (South) Bharat Petroleum Corporation Ltd, Chennai, Tamil Nadu. (iii) Territory Manager, Bharat Petroleum Corporation Limited, LPG filling Plant, Kochi Refinery, Kochi, Kerala. (iv) Territory Manager, Bharat Petroleum Corporation Limited, Coimbatore LPG Bottling Plant, Peelamedu, Coimbatore-641104 Order Under Section 38 of the Competition Act. The Commission considered an application under section 38 filed by the informant for rectification to the order dated 10.4.2013. It is submitted in the application that cause title appears in the said order “KEERTHY KRISHNAN & ORS VERSUS BHARAT PETROLEUM CORPORATION LIMITED AND OTHERS” whereas in the information filed by the informant it was appearing as “KEERTHY TRAVELS & ORS VERSUS BHARAT PETROLEUM CORPORATION LIMITED AND OTHERS”.
2. The Commission perused the record and found that the information was filed by KEERTHY TRAVELS & ORS not by the KEERTHY KRISHNAN therefore, there is an error apparent in the cause title in the order dated 10.4.2013 passed under section 26 (2). Accordingly, the Commission decided to rectify the cause title of the case in the order dated 10.4.2013 as: KEERTHY TRAVELS & ORS- Informant and Bharat Petroleum Corporation Limited (BPCL) Mumbai OP-1 Regional LPG Manager (South) BPCL, Chennai OP-2 Territory Manager, BPCL, LPG filling Plant Kochi Refinery OP-3 Territory Manager, BPCL, LPG Bottling Plant Coimbatore OP-4 (collectively ‘Opposite Parties’) 3. The order dated 10.4.2013 shall therefore, stand rectified to the above extent. 4. The Secretary is directed to communicate the informant, accordingly.
- Sd/- Sd/- Dr. Geeta Gouri) (Anurag Goel) Member Member
Sd/- Sd/- (M. L. Tayal) (S. L. Bunker) Member Member
Sd/- (Ashok Chawla) Chairperson
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