Section 53O of CA, 2002 : Section 53O: Procedures And Powers Of Appellate Tribunal

Explanation using Example

Example of Application of Section 53O of The Competition Act, 2002:

Imagine a scenario where a small business owner feels that a large corporation is engaging in anti-competitive practices that are harming their business. The business owner files a complaint with the Competition Commission of India (CCI), which after investigation, rules in favor of the large corporation. The small business owner decides to appeal the decision.

The small business owner approaches the Competition Appellate Tribunal (Appellate Tribunal) to challenge the CCI's ruling. Under Section 53O of the Competition Act, 2002, the Appellate Tribunal has the authority to conduct the hearing in a manner that is fair and just, without strictly following the procedures of the Code of Civil Procedure, 1908.

In this process, the Appellate Tribunal exercises its powers similar to those of a civil court, such as summoning witnesses, requiring the production of documents, and receiving evidence on affidavits. The Tribunal may also review its decisions or set aside an order if it was passed in the absence of the small business owner (ex parte).

Ultimately, the Appellate Tribunal ensures that the appeal is heard while maintaining the principles of natural justice, providing a fair opportunity for the small business owner to present their case against the large corporation.