Section 31 of The Airports Economic Regulatory Authority of India Act, 2008
- (1)Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an appeal shall lie against any order, not being an interlocutory order, of the Appellate Tribunal to the Supreme Court on one or more of the grounds specified in section 100 of that Code.
- (2)No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties.
- (3)Every appeal under this section shall be preferred within a period of ninety days from the date of the decision or order appealed against: hr1 Provided that the Supreme Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
Summary
- Appeals against decisions made by the Appellate Tribunal can be taken to the Supreme Court.
- A person cannot appeal a temporary order, known as an interlocutory order, to the Supreme Court.
- Appeals are only allowed on specific legal grounds listed in section 100 of the Code of Civil Procedure, 1908.
- If both parties agreed to a decision at the Tribunal, they cannot turn around and appeal that consent order.
- The Supreme Court can accept a late appeal if the person proves they had a good reason for the delay.
Practical examples
FAQ
1. Can I appeal any decision made by the Appellate Tribunal?
No, you cannot appeal temporary decisions made during an ongoing case, and you cannot appeal decisions that you previously agreed to with the other party.
2. What if I miss the 90-day deadline?
The Supreme Court might still accept your appeal if you can prove you were prevented by a sufficient cause from filing on time.
3. Do I need a specific legal reason to appeal?
Yes, your appeal must be based on the specific grounds outlined in section 100 of the Code of Civil Procedure, 1908.
Test yourself
Q1.Under Section 31 of The Airports Economic Regulatory Authority of India Act, 2008, what is the effect of the cross-reference to section 100 of the Code of Civil Procedure, 1908?
Q2.Under Section 31 of The Airports Economic Regulatory Authority of India Act, 2008, which type of order from the Appellate Tribunal cannot be appealed to the Supreme Court?
Q3.Under Section 31 of The Airports Economic Regulatory Authority of India Act, 2008, what happens if two parties mutually agree to a solution at the Appellate Tribunal and an order is made based on that agreement?
Q4.Under Section 31 of The Airports Economic Regulatory Authority of India Act, 2008, what is required for the Supreme Court to entertain an appeal after the 90-day time limit has expired?