Section 18 of The Telecom Regulatory Authority of India Act, 1997
1[18. Appeal to Supreme Court.-- (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: 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
- An appeal lies against any order of the Appellate Tribunal directly to the Supreme Court of India.
- No appeal can be filed against any interlocutory order, which is a temporary or intermediate order.
- No appeal can be filed against any decision or order made by the Appellate Tribunal with the consent of the parties.
- Every appeal must be filed within a period of ninety days from the date of the decision or order appealed against.
- The Supreme Court may accept an appeal after ninety days if it is satisfied that the appellant had sufficient cause for not filing in time.
Practical examples
FAQ
1. Can you appeal an Appellate Tribunal order to the Supreme Court under the Telecom Regulatory Authority of India Act, 1997?
Yes, Section 18 of the Telecom Regulatory Authority of India Act, 1997 states that you can appeal any final order of the Tribunal to the Supreme Court, but you cannot appeal an interlocutory order, which is a temporary or provisional order.
2. What is the time limit for filing an appeal to the Supreme Court under the TRAI Act?
Under Section 18 of the TRAI Act, the appeal must be filed within ninety days from the date of the decision, though the Supreme Court can accept it late if there was a sufficient reason for the delay.
3. Can a party appeal a mutual consent order of the Appellate Tribunal under the 1997 Indian telecom legislation?
No, Section 18 of the 1997 Indian telecom legislation states that no appeal can be filed against any decision or order that was made by the Appellate Tribunal with the consent of the parties.
Test yourself
Q1.Under Section 18 of The Telecom Regulatory Authority of India Act, 1997, on what grounds can an appeal be made to the Supreme Court?
Q2.Which of the following orders of the Appellate Tribunal CANNOT be appealed to the Supreme Court under Section 18 of The Telecom Regulatory Authority of India Act, 1997?
Q3.Under Section 18 of The Telecom Regulatory Authority of India Act, 1997, what is the default time limit for preferring an appeal to the Supreme Court?
Q4.If a party wants to appeal an order of the Appellate Tribunal, how does Section 18 of The Telecom Regulatory Authority of India Act, 1997, treat interlocutory orders?