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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Information Technology

An adjudicating officer passed an order under the IT Act after both Sunrise Infotech Ltd. and the complainant agreed to it. Sunrise later wishes to challenge the order. What is the legal position?

No appeal lies to the Appellate Tribunal. Section 57(2) bars appeals from an order made by an adjudicating officer with the consent of the parties, and this exception overrides the general right of appeal given to an aggrieved person in section 57(1).

  1. AAppeal lies to the Appellate Tribunal within forty-five days
  2. BAppeal lies only with the permission of the Central Government
  3. CNo appeal lies to the Appellate Tribunal because the order was made with the consent of the partiesCorrect
  4. DAppeal lies only if the complainant also joins in the appeal

Explanation

Section 57(2) provides that no appeal lies to the Appellate Tribunal from an order made by an adjudicating officer with the consent of the parties. The general right of appeal in section 57(1) is subject to this exception. The forty-five-day limit is therefore irrelevant.

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