Appeal to Appellate Tribunal
Section 53B of the Competition Act, 2002 deals with appeal to Appellate Tribunal. [253B. Appeal to Appellate Tribunal.-- (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. The Act came into force on 31 Mar 2003.
1[253B. Appeal to Appellate Tribunal.-- (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.
(2) Every appeal under sub-section (1) shall be filed within a period of sixty days from the date on which a copy 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 not filing it within that period.
(3) 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, confirming, modifying or setting aside the direction, decision or order appealed against.
(4) The Appellate Tribunal shall send a copy of every order made by it to the Commission and the parties to the appeal.
(5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within six months from the date of receipt of the appeal.]
Section 53B, The Competition Act, 2002 (Act 12 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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B. Himmatlal Agrawal Partner vs Competent Commission of India
Court's Decision & Legal Precedent
An appellate tribunal cannot dismiss an appeal for non-compliance with a condition attached to an interim stay order. While the stay can be vacated for non-compliance of the deposit condition, the statutory right to appeal under Section 53B of the Competition Act, 2002, cannot be taken away by imposing a condition of deposit as a prerequisite to entertaining the appeal. The Appellate Tribunal must decide the appeal on merits after giving the parties an opportunity of hearing, as mandated by Section 53B(3) of the Act. The Tribunal, being a creature of statute, has no jurisdiction to impose conditions that effectively bar the hearing of an appeal.
On this section: Core provision analyzed in the judgment; confers statutory right to appeal to the Appellate Tribunal; the Court held that this provision does not impose any condition of pre-deposit for entertaining the appeal and mandates the Tribunal to decide appeals on merits
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… framework for appeals against orders of the Adjudicating Authority i.e., the NCLT, stipulating that ' any person aggrieved ' by such an order may prefer an appeal to the Appellate Authority i.e., the NCLAT in this case. Further, Section 62 extends this right of appeal to the Supreme Court. - 25. Similarly, Section 53B of the Competition Act provides that ' any enterprise or any person aggrieved ' within the statutory framework may file an appeal against any order of the CCI to the Appellate Tribunal i.e., the NCLAT. Section 53T further extends this right of appeal to the Supreme Court against any decision or order of the NCLAT. …
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… framework for appeals against orders of the Adjudicating Authority i.e., the NCLT, stipulating that ' any person aggrieved ' by such an order may prefer an appeal to the Appellate Authority i.e., the NCLAT in this case. Further, Section 62 extends this right of appeal to the Supreme Court. - 25. Similarly, Section 53B of the Competition Act provides that ' any enterprise or any person aggrieved ' within the statutory framework may file an appeal against any order of the CCI to the Appellate Tribunal i.e., the NCLAT. Section 53T further extends this right of appeal to the Supreme Court against any decision or order of the NCLAT. …
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… framework for appeals against orders of the Adjudicating Authority i.e., the NCLT, stipulating that ' any person aggrieved ' by such an order may prefer an appeal to the Appellate Authority i.e., the NCLAT in this case. Further, Section 62 extends this right of appeal to the Supreme Court. - 25. Similarly, Section 53B of the Competition Act provides that ' any enterprise or any person aggrieved ' within the statutory framework may file an appeal against any order of the CCI to the Appellate Tribunal i.e., the NCLAT. Section 53T further extends this right of appeal to the Supreme Court against any decision or order of the NCLAT. …
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 53B
What have the courts held on Section 53B of the Competition Act?
B. Himmatlal Agrawal Partner vs Competent Commission of India (18 May 2018) is the leading judgment on this section among those set out below: Core provision analyzed in the judgment; confers statutory right to appeal to the Appellate Tribunal; the Court held that this provision does not impose any condition of pre-deposit for entertaining the appeal and mandates the Tribunal to decide appeals on merits.
How do I find court cases under Section 53B of the Competition Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Competition Act 53B, section 53B Competition Act, section 53B of the Competition Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with B. Himmatlal Agrawal Partner vs Competent Commission of India (18 May 2018).
What should I read with Section 53B of the Competition Act, and has it changed?
Its own text turns on section 53A (Appellate Tribunal), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently The Competition Appellate Tribunal (Form and fee for filing an appeal and fee for filing compensation applications) Rules, 2009 (2009).
When did Section 53B of the Competition Act come into force?
Section 53B of the Competition Act, cited as Competition Act 53B, came into force on 31 Mar 2003, having been enacted on 13 Jan 2003. It is in force as at the date shown on this page.
Other sections of this Act
- 66. Repeal and saving1683 words
- 2. Definitions1390 words
- 5. Combination1317 words
- 6. Regulation of combinations920 words
- 3. Anti-competitive agreements850 words
- 26. Procedure for inquiry under section 19788 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.