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CS Executive · Economic, Commercial and Intellectual Property Laws · Competition Law

Which statement about the procedure and powers of the Appellate Tribunal under the Competition Act, 2002 is correct?

The Appellate Tribunal is not bound by the Code of Civil Procedure but follows natural justice and regulates its own procedure. It has civil court powers for summoning witnesses, discovery, receiving affidavit evidence and reviewing its decisions. The six-month disposal target is only an endeavour.

  1. AIt is strictly bound by the procedure in the Code of Civil Procedure, 1908
  2. BIt is guided by natural justice, may regulate its own procedure, and has civil court powers such as receiving evidence on affidavit and reviewing its decisionsCorrect
  3. CIt cannot summon witnesses or require production of documents
  4. DIt must dispose of every appeal within six months, failing which the appeal abates

Explanation

Section 53O says the Tribunal is not bound by the Code of Civil Procedure but is guided by natural justice and regulates its own procedure. It has specified civil court powers, including summoning, discovery, affidavit evidence and review. Under section 53B(5) the six-month period is only an endeavour, so abatement is wrong.

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