Regulation 19 - Appeal to the Appellate Tribunal - Competition Appellate Tribunal (Procedure For Appeals And Applications) Regulations, 2010

CHAPTER II APPEALS 19. Appeal to the Appellate Tribunal ( i ) The Central Government or the State Government or a local authority or enterprise or any person aggrieved by any direction, or decision or order of the Commission, as referred to in clause ( a ) of sub-section (1) of Section 53A of the Act, may prefer an appeal to the Appellate Tribunal as prescribed in the Form appended to the rules. ( ii ) The appeal shall be filed within a period of sixty days from the date of receipt of the certified copy of the direction, decision or order appealed against. The Tribunal may entertain the appeal after the expiry of the sixty days on showing sufficient cause for not filing the appeal within sixty days. ( iii ) The appeal shall recite succinctly and in chronological order with relevant dates, the principal steps in inquiry keeping up to the appeal from commencement of the inquiry. ( iv ) The appeal shall be accompanied by a certified copy of the order of the Commission appealed against. If any annexure are filed along with the appeal they should be affirmed to be true copy of originals. ( v ) The appeal shall be supported by an affidavit in support of the statement of facts contained in the appeal. It shall be signed by the appellant or by an authorized representative. ( vi ) The Registrar, after satisfying himself that the appeal is in order, shall register the same as an appeal in the Tribunal. ( vii ) On scrutiny, if the appeal is found to be defective, the appellant would be advised to rectify the defects. After rectification of the defects by the appellant the appeal shall be registered. ( viii ) The appeal registered shall be put up for hearing before the Tribunal with a notice to the appellant. The Tribunal, after hearing the appellant may either dismiss it summarily or direct issue of notice to all necessary parties or may make such orders as the circumstances of the case may require. ( ix ) In case, the Tribunal directs issuance of notice to the concerned parties, the Registrar will issue notice, along with the order of the Tribunal and copy of the appeal to all the respondents. ( x ) Where at any stage prior to the hearing of the appeal the appellant desires to withdraw his appeal, he shall make an application to that effect to the Tribunal. ( xi ) The filing of an appeal shall not prevent execution of the direction, decision or order appealed against, but the Tribunal, may, subject to such terms and conditions as it may think fit to impose, order a stay of the direction, decision or order of the Commission. ( xii ) In terms of sub-section (4) of Section 53B all appeals be disposed within six months of receipt of the appeal. ( xiii ) The Registrar shall send a copy of the final order/judgment to the parties concerned and to the Commission.