NATIONAL COMPANY LAW APPELLATE TRIBUNAL Checklist for Appeals under Competition Act, 2002
Appeals to be in the Form appended to ‘The Competition Appellate Tribunal
(Form and Fee for Filing an Appeal and Fee for Filing Compensation
Applications) Rules, 2009 (Rules 2009) along with an affidavit’
Refer also Rules 3 & 6 and the Form appended to the aforesaid Rules and Regulation 7, 8 and 9 of ‘The Competition Appellate Tribunal (Procedure) Regulations, 2011’
|1.||Language & Format
– Appeal stitched together in paper book form
– Language of appeal
– 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.
|3.||Memo of Parties and address for service of summons
– 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
|4.||Synopsis-cum-chronological list of events.
– 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.
|6.||Fee for Appeals: –
– 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).
|8.||In pending matters, all applications to be filed after serving copies in advance on the opposite side/ his advocate/ authorised representative.|
|9.||Process Fees: –
– 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
|10.||Vakalatnama to be filed by Lawyer with Court fee of ₹ 3/- and Advocate Welfare stamp of ₹ 10/- each.|
|11.||Copy of Information filed before the CCI to be produced.|