Notice for Amalgamation given by FVIL, ILCL, LEE, PRIL and FLFL, Order under Section 38. — Combination C-2012/12/99 (Part 2)
- Case No.C-2012/12/99 (Notice for Amalgamation given by FVIL,)
Ratio decidendi
The rule this decision rests on
Where an order of the Commission approving a combination contains inadvertent typographical errors, the Commission may rectify those errors under Section 38 of the Competition Act, 2002, on an application by the parties. The rectification is confined to amending the specific words that were wrongly stated, leaving the substance of the approval unchanged.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Order under Section 38 of the Competition Act, 2002 1. On 7th December, 2012, the Competition Commission of India (hereinafter referred to as the “Commission”) received a notice under sub-section (2) of Section 6 of the Competition Act, 2002 (hereinafter referred to as the “Act”) of a proposed combination from Future Ventures India Limited (hereinafter referred to as “FVIL”), Indus-League Clothing Limited (hereinafter referred to as “ILCL”), Lee Cooper (India) Limited (hereinafter referred to as “LEE”), Pantaloon Retail (India) Limited (hereinafter referred to as “PRIL”) and Future Lifestyle Fashions Limited (hereinafter referred to as “FLFL”),{hereinafter collectively referred to as the “parties”}. 2. The Commission issued an Order dated 3rd January, 2013 under sub-section (1) of Section 31 of the Act (hereinafter referred to as the “Order”), approving the proposed combination. In this regard, on 22nd January, 2013, an application was received by the Commission from the authorized representative of the parties drawing attention to certain inadvertent typographical errors in Para 8(b), 8(c) and 8(d) of the Order and requesting for rectification of the Order under Section 38 of the Act. 3. In view of the foregoing, the Commission in its meeting held on 21st February, 2013 took note of the inadvertent errors in the Order and decided to make the following amendments in the Order: (a) in paragraph 8(b), on page 2 of the Order, the last line “making LEE a wholly owned subsidiary of FVIL” shall stand deleted; (b) in paragraph 8(c), on Page 2 of the Order, in the heading “Transfer of PRIL’s fashion business into FVIL”, the word ‘FVIL’ shall stand replaced by the word ‘FLFL’; (c) in paragraph 8(d), on Page 2 of the Order, in the third line “the transfer of PRIL’s fashion business into FVIL”, the word ‘FVIL’ shall stand replaced by the word ‘FLFL’. 4. The Secretary is directed to communicate to the parties accordingly.
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