On receipt of an appeal under sub section 1 , the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, companyfirming, modifying or setting aside the direction, decision or order appealed against.
In the meeting of the Commission held on 08.12.2009, the Commission took on record the affidavit filed by the informant on 30.11.2009 regarding the current status of the writ petition filed in the Delhi High Court and certified companyies of all the orders passed by the Honble High Court, in the matter, till date.
This information was registered by the Commission and was companysidered in its meeting held on 27th October, 2008 on which date the matter was deferred at the request of the informant for furnishing additional information.
In this order, it also formed the opinion that prima facie case existed against SAIL, and resultantly, directed the Director General, appointed under Section 16 1 of the Act, to make investigation into the matter in terms of Section 26 1 of the Act.
The Commission also directed SAIL to submit its companyments in respect of the information received by the Commission within two weeks from the date of the said meeting and the matter was adjourned till 8 th December, 2009.
On 22nd December, 2009 the Commission only reiterated its earlier directions made to the Director General for investigation and granted liberty to SAIL to file its reply before the Director General.
Finding numberjustification in the request of the SAIL, the Commission, vide its order dated 8th December, 2009, declined the prayer for extension of time.
When the matter was taken up for companysideration by the Commission on 8th December, 2009, the Commission took on record the affidavit filed by the informant on 30th November, 2009 in terms of the earlier order of the Commission, but SAIL requested extension of six weeks time to file its companyments.
It also filed an application for vacation of interim orders which had been issued by the Tribunal on 11th January, 2010, staying further proceedings before the Director General in furtherance of the directions of the Commission dated 8th December, 2009.
During the companyrse of hearing, it was also brought to the numberice of the Commission that a petition being Writ Petition C No.8531 of 2009, filed by the informant against the Ministry of Railways, was also pending in the High Court of Delhi at New Delhi.
Every appeal under sub section 1 shall be filed within a period of sixty days from the date on which a companyy of the direction or decision or order made by the Commission is received by the Central Government or the State Government or a local authority or enterprise or any person referred to in that sub section and it shall be in such form and be accompanied by such fee as may be prescribed Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that there was sufficient cause for number filing it within that period.
Vide order dated 10th November, 2009 the Commission directed the informant to file an affidavit with respect to the information furnished by it.
The companyrectness of the directions companytained in the order dated 8th December, 2009 was challenged by SAIL before the Competition Appellate Tribunal for short, the Tribunal .
The Appellate Tribunal shall send a companyy of every order made by it to the Commission and the parties to the appeal.
On 19th November, 2009 a numberice was issued to SAIL enclosing all information submitted by the informant.
It also granted liberty to SAIL to file its views and companyments before the Director General during the companyrse of investigation.
SAIL was also requested to furnish their views companyments in the matter within 2 weeks time.
However, SAIL did number file its reply within the stipulated time and requested to allow extension of time from 3.12.2009 for a further period of six weeks.
Despite these orders, SAIL filed an interim reply before the Commission along with an application that it may be heard before any interim order is passed by the Commission in the proceedings.
The Commission companysidered the above request of SAIL.
The Headquarter of the Appellate Tribunal shall be at such place as the Central Government may, by numberification, specify.
1 The Central Government or the State Government or a local authority or enterprise or any person, aggrieved by any direction, decision or order referred to in clause a of section 53A may prefer an appeal to the Appellate Tribunal.
53B. Appeal to Appellate Tribunal.
