On January 22, 2018, the NCLAT dismissed an appeal filed by Ms. Usha Roy against an order of CCI dismissing the information filed against ANS Developers Private Limited (‘ANS’) and Shalimar Corporation Limited (‘Shalimar’). Ms. Roy had raised similar allegations against ANS and Shalimar in a previous case that was closed by CCI as no prima facie case was made out. Ms. Roy argued that CCI’s decision to dismiss the present information was incorrect since the present decision was based entirely on the reasoning of the previous case, and new evidence brought on record in the present case was not considered.Ms. Roy alleged that the agreement entered into with ANS for the purchase of residential property had certain anti-competitive clauses, which placed excessive liabilities on Ms. Roy for delays in payment, whereas the ANS had no liability to pay interest for any delay on its part. It was also alleged that the agreement by ANS and Shalimar to use their position as the developer of the integrated township to enter into the market of providing medical facilities was anti-competitive. However, CCI opined that there were several significant and major real estate developers in the relevant market, and ANS and Shalimar could not be held to be in a dominant position.The NCLAT took the view that the instant case was not maintainable merely on the ground that certain new information was provided as no new facts or substantial evidence for the same set of allegations had been brought to the notice of CCI that could differentiate the instant case from the previous one.

*Competition Appeal 34 of 2017.