This article is written by Mugdha Kokate, pursuing a Certificate Course in Introduction to Legal Drafting: Contracts, Petitions, Opinions & Articles from LawSikho.

Introduction

With the advent of globalization, came various multinational companies in India. This created a huge competition for local companies. There was competition even amongst the local companies. It is generally opined that competition will bite you if you keep running and swallow you if you stop.

Every business sustains in a competitive environment. Globalization and privatization decreased governmental control on the market and hence there was an exponential increase in aggressive competition in India. There was existing legislation like Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act, 1969) which was enacted to dismantle the concentration of economic power which would threaten the common interest, for controlling the monopoly and prohibiting restrictive trade practices.

In October 1999, the Raghavan Committee was appointed to advise on the Competition policy. It was found that the MRTP Act, 1969 was quite inadequate to deal with practices that were anti-competitive in an environment of globalization and liberalization. Hence, the Raghavan Committee suggested that the MRTP Act should be repealed and the MRTP Commission set up under the MRTP Act be wound up. This led to the enactment of the Competition Act, 2002, and the formation of the Competition Commission of India under the Act. All the pending cases of monopolistic trade practices and restrictive trade practices were transferred from MRTP Commission to the Competition Commission of India.

The Competition Act, 2002 has the following main objectives:

1. Regulation of anti-competitive practices.
2. To promote and sustain competition in markets.
3. To protect the interests of the consumers.
4. To ensure freedom of trade carried on by other participants in markets.
5. Give effect to the World Trade Organization (WTO) Agreements.

Section 53T of the Competition Act 

Under the Competition Act, 2002, a party aggrieved by the decision of the Competition of India can prefer an appeal to the Appellate Tribunal, that is, the National Company Law Appellate Tribunal. If the party is not satisfied by the decision, direction, or order given by the National Company Law Appellate Tribunal, s/he can file an appeal under Section 53T, within 60 days from the receipt of the order from the National Company Law Appellate Tribunal.

According to Section 53T, the Central Government or any State Government or the Commission or any statutory authority or any local authority or any enterprise or any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to them; 

Provided that 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.  

Who can file an appeal under section 53T?

1. Central Government;
2. State Government;
3. Local Authority;
4. Enterprise;
5. Any other Person;

Who is aggrieved by any order, decision, or direction given by the Appellate Tribunal can file an appeal before the Supreme Court.

Limitation period for filing an appeal under section 53T

An appeal can be filed under Section 53T to the Supreme Court against the order, decision, or directions given by the Appellate Tribunal within sixty days from the date of receipt of the order from the Appellate Tribunal. However, if the Court feels that there were reasonable grounds for delay in filing the appeal, it can allow the appeal to be filed.

Important points to be kept in mind while drafting an appeal under section 53T

• Language

Every appeal petition to the Supreme Court should be in English.

• Memorandum of appeal 

A memorandum of appeal should be filed along with the requisite form and fees to the Registrar of the Supreme Court.

• Format of the petition

While drafting the petition, make sure everything is fairly and legibly typewritten and printed in double spacing on one side of standard petition paper and duly paginated.

• Cause title

1. Cause title should state “IN THE SUPREME COURT OF INDIA”
2. Civil appeal no.____
3. State that the appeal has been made under Section 53T of the Competition Act, 2002.
4. Make sure to write the Case no., date, and the bench which passed the impugned order.

• Memo of the parties and address for service of summons

1. Make sure to state the full name, nationality, parentage, and the details such as name and number of the street/lane/road and Municipal Division or ward, Municipal door, name of the city/town, postal district and PIN Code, and any other information that helps identify the address.
2. All contact details that may be necessary such as mobile number, e-mail address, fax number, etc.
3. If the party is suing or being sued in a representative character, for example, the Central or State Government, state the fact at the beginning of the appeal. The representative character need not be repeated in the remaining part of the appeal.
4. If an enterprise or company or companies are a party to the appeal, the complete name and address of the person authorized to represent the company or enterprise along with the complete postal address of the head office of the company should be mentioned.
5. Mention the parties consecutively and ensure that a separate line is allotted to the name and description of each party. Avoid changing the numbering of the parties. In case of death of any of the parties, while the appeal is pending, his/her legal heirs or legal representative(s) can be given sub-numbers. For instance, if Respondent Number 1 dies during the pendency of the appeal and he has two heirs or representative(s), they will be substituted as 1(a) and 1(b).
6. In case the new person(s) are added, they may be numbered consecutively.

• Chronological list of events or synopsis

1. Give a brief idea of the background of the parties if they are private persons or companies and how they are related to each other. Also, mention the date when the business between the parties commenced and what were the agreed terms between the parties.
2. Give the court a brief idea of how the dispute arose or how the combination/merger was illegal should be enumerated.
3. Whenever dates are available, make sure they are added after the relevant facts.

• How to write the pleadings

1. As a general rule, every pleading or point of argument must be separately paragraphed and numbered consecutively.
2. As far as possible, every paragraph should contain a distinct fact or pleading or point of argument.
3. In case dates are used, corresponding dates of the Gregorian calendar must also be mentioned.
4. Whenever cost/fine/fee is mentioned, mention them in both numbers and words to avoid ambiguity.
5. If any correction or deletion is made, it should be initiated by the party or his/her representative.
6. In the pleading, give all the reasons that make the impugned order illegal and how the due procedure of law was not followed, etc. If you are on the respondent’s side, give specific reasons why the Appellate Tribunal arrived at the said decision and how the decision/order/direction is based on true pieces of evidence. You should also state the monetary amount involved in the dispute and which party owes money to the other if any. If the appeal is against a combination or merger, state the reasons why it is illegal or how it would be an anti-competitive agreement.

• Documents to be attached

1. Whenever an appeal is filed by or on behalf of an association/company/enterprise, the person signing or verifying on behalf of the association/company/enterprise, s/he should produce a true copy of the Resolution of association or Memorandum of association empowering her/him to do so.
2. Affidavit on behalf of the parties signing should also be mentioned.
3. Do not forget to attach a certified copy of the impugned order(s).
4. Attach a proper index before the documents.
5. Make sure you submit a sufficient number of copies of the appeal or application for service on the opposite parties.

• Affidavit

1. Certain facts may be proved through an affidavit. The Court can in its own discretion also ask the parties to file an affidavit to prove a fact in the court.
2. The Affidavit should be written in the first person, and be divided into paragraphs and numbered consecutively. It should state the description, occupation, and the place of abode of the deponent. It should be confined to such facts as the deponent can prove according to his/her own knowledge. Every exhibit that is annexed to an affidavit should be marked with the title and number of the appeal and should be initiated and dated by the authority before whom it is sworn.
3. Affidavits should be duly notarized before the Registrar of the Court.

• Verification

1. The name and signature of the parties or their authorized representatives should be there at the foot of the appeal.
2. It should be signed and verified by every party to the appeal.

• Process fees

The processing fee should be duly paid along with necessary documents within a period as directed by the Supreme Court.

• Court fee

The Court Fee for appeals filed against orders of Competition Commission is Rs.5,000/- ( Rupees Five Thousand Only)

Conclusion

Any party, the Central Government or State Government, any local authority or an enterprise which is aggrieved by the decision given by the Appellate Tribunal, that is the National Company Law Tribunal, can file an appeal directly to the Supreme Court under Section 53T of the Competition Act, 2002. While drafting an appeal under Section 53T, the party filing the appeal should mention the grounds for appeal, the reasons why the order is against the law, proper description of the parties, affidavits, verification, etc. The relevant necessary documents such as the impugned order, articles of association of the Company enterprise, etc. should be filed. The Court may at its discretion, order the parties to file some additional documents necessary to prove the facts.

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