Enumerate the Appellate Authorities under the Competition Act, 2002.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2020
Enumerate the Appellate Authorities under the Competition Act, 2002.
Answer & Explanation:
As per section 53A(1) of the Competition Act, 2002 The National Company Law Appellate Tribunal constituted under section 410 of the companies Act, 2013 shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purpose of this Act and the said appellate Tribunal shall – to hear and dispose of appeals against any direction issued or decision made or order passed by the Commission under sub-sections (2) and (6) of section 26, section 27, section 28, section 31, section 32, section 33, section 38, section 39, section 43, section 43A, section 44, section 45 or section 46 of the Act; to adjudicate on claim for compensation that may arise from the findings of the Commission or the orders of the Appellate Tribunal in an appeal against any finding of the Commission or under section 42A or under sub- section(2) of section 53Q of this Act, and pass orders for the recovery of compensation under section 53N of the Act. As per Section 53B of the Competition Act, 2002– The Central Government or the State Government or a local authority or enterprise or any person, aggrieved by any direction, decision or order referred to in clause (a) of Section 53A may prefer an appeal to the Appellate Tribunal. Every appeal under sub-section (1) shall be filed within a period of sixty days from the date on which a copy of the direction or decision or order made by the Commission is received by the Central Government or the State Government or a local authority or enterprise or any person referred to in that sub-section and it shall be in such form and be accompanied by such fee as may be prescribed. Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that there was sufficient cause for not filing it within that period.
Topics: Competition Act, 2002
Related Questions in this Topic
- Draft a deed of assignment of the business debts with assumed data.
- Draft a plaint in a suit for demolition of construction made by the defendant on the plaintiff's vacant land. The plaint...
- Draft a petition for anticipatory bail under section 438 of Code of Criminal Procedure, 1973 with assumed data.
- Draft a notice to determine a continuing guarantee under section 130 of the Indian Contract Act, 1872 with assumed data.
- Distinguish between Oral application and Written application.