ISLAMABAD: The Islamabad High Court has dismissed the writ petition filed by Kingdom Valley (Pvt) Limited against the Rs150 million penalty imposed by the Competition Commission of Pakistan (CCP).
According to the CCP press release issued here on Wednesday, the Court ruled that the petition was not maintainable because the Competition Appellate Tribunal (CAT) was now functional.
The petition was filed when CAT was not operational due to the absence of its chairman. At that time, the Court had granted an interim stay on recovery. During Wednesday’s hearing, the petitioner argued the case in detail. The Court, however, noted that the Tribunal was now available as the proper forum for appeal.
CCP’s counsel informed the Court that CAT had already taken up Kingdom Valley’s appeal. He also stated that CAT has not granted any stay. After hearing both sides, the Court dismissed the writ petition for being not maintainable. This has cleared the way for the appeal proceedings before CAT.
Earlier, CCP had fined Kingdom Valley Rs.150 million for misleading advertising. The Commission found that the company marketed its project as “Kingdom Valley Islamabad,” although the project is located in Mouza Choora, Rawalpindi.
The company also misrepresented links with the Naya Pakistan Housing Program and NAPHDA. It advertised the project as “NOC approved” without proper disclosure. A two-member CCP bench held that the company violated Sections 10(2)(a) and 10(2)(b) of the Competition Act, 2010. The Commission also noted further non-compliance related to financial disclosures.
With the High Court’s decision, the matter will now proceed before the Competition Appellate Tribunal. The appeal is pending there, and no stay exists on CCP’s order.
