Write notes on the following: Provisions relating to appeal before the Competition Appellate Tribunal under the Competition Act, 2002.
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2016
Write notes on the following: Provisions relating to appeal before the Competition Appellate Tribunal under the Competition Act, 2002.
Answer & Explanation:
Section 53 B of the Competition Act, 2002 deals with the provisions relating to appeal before COMPAT:- As per Section 53B of the Act,- 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. On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the direction, decision or order appealed against. The Appellate Tribunal shall send a copy of every order made by it to the Commission and the parties to the appeal. The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within six months from the date of receipt of the appeal.
Topics: Competition Law
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