Section 53B of CA, 2002 : Section 53B: Appeal To Appellate Tribunal

Explanation using Example

Imagine a scenario where a local software company, "Tech Innovations," has been directed by the Competition Commission of India (CCI) to cease certain business practices that the CCI has determined to be anti-competitive and in violation of The Competition Act, 2002. Tech Innovations believes that the CCI's decision is unfounded and that their practices are in fact promoting competition.

Under Section 53B of The Competition Act, 2002, Tech Innovations has the right to appeal the CCI's decision. They must file their appeal to the Appellate Tribunal within 60 days of receiving the CCI's order. Tech Innovations prepares the necessary documents and submits the appeal form along with the prescribed fee within the specified time frame.

The Appellate Tribunal agrees to hear the appeal and, after giving Tech Innovations and the CCI a chance to present their arguments, the Tribunal decides to modify the CCI's order, allowing Tech Innovations to continue some of their business practices under certain conditions to ensure they do not harm competition. The Tribunal's decision is then sent to both the CCI and Tech Innovations. The Tribunal aims to resolve this appeal within six months from the date of receipt to ensure a swift resolution to the matter.