NCLAT Checklist for Appeals under Competition Act, 2002

– Appeal stitched together in paper book form

– Language of appeal

– English

– If in some other language

– should be accompanied by a copy of translated version in English

– Fairly and legible type-written or printed

– Double spacing

– On one side of legal size paper with inner margin of about 4 cm

– Width on top & right margin 2.5 cm.

– Left margin 5 cm. – Duly paginated

– Cause Title to state “In the National Company Law Appellate Tribunal”

– Competition Appeal (AT) No.___/2017.

– State the provision(s) of law/ rule(s) under which appeal preferred.

– State Case No. and date of impugned order.

– State full name, parentage and following details:

– (a) The name of the road, street, lane and Municipal Division or ward, Municipal Door and other number of the house;

(b)The name of the town or village;

(c) The post office, postal district and PIN Code; and

(d)Any other particular necessary to identify the addressee such as fax number, mobile number and e-mail address.

– In case party sues or is being sued in a representative character, state the fact at the beginning of the appeal and need not be repeated in the remaining part of the appeal.

– If a company or companies are party to the appeal, the name and details of the person authorised to represent the company.

– The parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party.

This number shall not be changed and in the event of death of a party during the pendency of the appeal, his legal heirs or representative(s) should be given sub-numbers. e.g. if Respondent No.3 dies & there are 4 legal heirs, they will be substituted as Respondent No.3(a), 3(b), 3(c) & 3(d).

– When fresh parties are brought in, they may be numbered consecutively

– Appeal memo to contain synopsis and list of dates.

– To be divided into paragraphs and numbered consecutively.

– Each paragraph to contain as nearly as may be, a separate fact or allegation or point.

– Where saka or other dates are used, state also the corresponding dates of Gregorian calendar.

– Every interlineation, eraser or correction or deletion should be initialled by the party or his authorized representative.

– See Rule 4 of Rules 2009

– Every appeal to be accompanied by a certified copy of the impugned order(s) (not photocopy copy or typed copy). The order to be incorporated in the paper book immediately after the Appeal memo.

– All documents filed in the Appellate Tribunal to be accompanied by index in triplicate containing their details.

– Sufficient number of copies of appeal or petition or application should be filed for service on the opposite parties (if not filed, it is required to be filed within a period as directed by the Hon’ble Appellate Tribunal).

– The required processing fee with required number of envelopes of sufficient size containing the address of the parties to be filed within a period as directed by the Hon’ble Appellate Tribuna