TMI BlogAPPEARANCE BEFORE COMPETITION APPELLATE TRIBUNAL - PART IIX X X X Extracts X X X X X X X X Extracts X X X X ..... APPEARANCE BEFORE COMPETITION APPELLATE TRIBUNAL - PART II - By: - Mr. M. GOVINDARAJAN - Other Topics - Dated:- 11-2-2015 - - Language The proceedings of the Tribunal shall be in English; No appeal, application, document or other papers contained in any language other than English, shall be accepted by the Tribunal unless the same is accompanied by a translational thereof in English attested by a translator and countersigned by the party concerned. Orders of the Tribunal Every order or judgment of the Tribunal shall be signed and dated by the Chairperson and members who have heard the case. The Chairperson or the member who dissents with the final conclusion, shall record his reasons separately under his signature a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd date. Rectification of errors Regulation 15 provides rectification of errors in the order. It provides that any clerical or arithmetical mistakes in any proceedings, amendment of proceedings, declaration or order of the Tribunal or error may at any time, be corrected by the Tribunal, either on its own motion or on the application of any party. Functions of Registrar Regulation 6 stipulates the functions of the Registrar as below: Receive and register appeals, application, interlocutory and all other miscellaneous applications relating to such appeals or application, as the case may be; Maintain all records of the tribunal; Represent the Tribunal before Supreme Court in the event of appeal under Section 53(T) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act ; The Registrar shall maintain the records of the Tribunal and no record or document filed in any case or matter shall be allowed to be taken out of the custody of the Tribunal without the leave of the Tribunal; The official seal of the Tribunal shall be kept in the custody of the Registrar; Perform such other functions as the Chairperson may, from time to time, direct. Registration of appeal/application Regulation 7 provides the methods for registration of appeal or application before the Tribunal- Every appeal or application supported by an affidavit and a certified copy of the impugned direction, decision or order of the Commission shall be verified and if found to be in order, by register ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Registrar and shall be given a serial number; If the appeal, on scrutiny, is found to be defective, the appellants shall be advised to rectify the defects and after rectification of the defects by the appellants, the appeal shall be registered; The appeal registered shall be put up for hearing before the Tribunal with a notice to the appellant and the Tribunal, after hearing the appellant, may either dismiss it summarily or direct to issue of notice to all necessary parties or may make such orders as the circumstances of the case may require; In case the Tribunal directs issuance of notice to the concerned parties, the Registrar shall issue notice along with the order of the Tribunal and copy of the appeal to all res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents; 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. Procedure for claim of compensation The Central Government or a State Government or a local authority or any enterprise or any person may make an application to the Tribunal to adjudicate on claim for compensation that may arise from the findings of the Commission or the orders of the Tribunal in an appeal against any finding of the Commission and to pass an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by the Central Government or a State Government or a local authority or any enterprise or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any person as a result of any contravention of the provisions having been committed by the enterprise; Where any loss or damage is caused to numerous persons having the same interest, one or more such persons may, with the permission of the Tribunal, make an application for permission of the Tribunal make an application for and on behalf of, or for the benefit of, the persons so interested and thereupon, the provisions of rule 8 of order 1 of the First Schedule to the Code of Civil Procedure, shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to the application before the Tribunal and the order the Tribunal thereon; An application may be made for compensation bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Tribunal only after either the Commission or the Tribunal on appeal has determined in a proceeding before it that violation of the provisions of the Act has taken place, or if provisions of Sec.42A or Sec. 53Q(2) of the Act are attracted; Every application made shall be accompanied by the findings of the Commission; The fee payable shall be as detailed below: Amount of compensation claimed Amount of fees payable Less than One lakh rupees Rs.1,000/- More than One lakh rupees Rs.1,000/- plus ₹ 1,000/- for every additional one lakh rupees of compensation claimed or fraction thereof, subject to a maximum o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f ₹ 3,00,000/- Such fee may be remitted in the form of Demand Draft drawn in favor of Accounts Officer, Ministry of Corporate Affairs payable at New Delhi; The Tribunal may, to advance the cause of justice and in suitable cases, waive payment of fee or portion thereof, taking into consideration the economic condition or indigent circumstances of the petitioner or the appellant or applicant or such other reason, as the case may be, by an order for reasons to be recorded.; The Tribunal may, after an inquiry made into the allegations mentioned in the application pass an order directing the enterprise to make payment to the applicant, of the amount determined by it as reasonable from the enterprise as compensa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion for the loss or damage caused to the applicant as a result of any contravention of the provisions having been committed by such enterprise. The inquiry shall be for the purpose of determining the eligibility and quantum of compensation due to a person applying for the same and not for examining afresh the findings of the Commission or the Tribunal on whether any violation of the Act has taken place; The Tribunal may obtain the recommendations of the Commission before passing an order of compensation. Execution of orders of Tribunal Every order may be Tribunal shall be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Tribunal to send in cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the inability to execute such order, to the court within the local limits of whose jurisdiction- in the case of an order against a company, the registered office of the company is situated; or in the case of an order against any other person, place where the person concerned voluntarily resides or carries on business personally works for gain, is situated. The Tribunal may transmit order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. Contravention of orders of Tribunal If any person contravenes without any reasonable ground, any order of the Tribunal, he shall be liable for a penalty of not exceeding ₹ 1 crore or i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mprisonment for a term up to three years or with both as the Chief Metropolitan Magistrate, Delhi may deem fit. The Chief Metropolitan Magistrate, Delhi shall not take cognizance of any offence punishable save on a complaint made by an officer authorized by the Tribunal. Any person may make an application to the Tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered by such person as a result of the said enterprise contravening, without any reasonable ground, any order of the Tribunal or delaying in carrying out such orders of the Tribunal. Appeal to Supreme Court The Central Government or any State Government or the Commission or any statutory authority or any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... local authority or any enterprise or any person aggrieved by any decision or order of the Tribunal may file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Tribunal to them. The Supreme Court may, if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal within the said period allow it to be filed after the expiry of the said period of sixty days. Power to punish for contempt The Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and for this purpose the provisions of Contempt of Courts Act, 1971 shall have effect subject to modificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on that- the reference therein to a High Court shall be considered as including a reference to the Tribunal; the references to Advocate General in Section 15 of the said Act shall be construed as a reference to such Law Officer as the Central Government may, by notification, specify in this behalf. Conclusion Compliance of competition law is highly required in the competition era. The help of the professionals like Company Secretaries in practice is highly required for the business entities to formulate competition policy, competition compliance program, competition compliance audit, compliance with the provisions of the Act, Rules and regulations made there under, appearing before Tribunal etc., A wide opportunity is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available for the practicing professionals in this area. - - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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