Statutory appeal under the Competition Act bars writ jurisdiction in transferred MRTP matters before the Appellate Tribunal.

Section 66 of the Competition Act, 2002 preserved pending MRTP proceedings for decision under the repealed regime, but it did not exclude the appellate remedy under Section 53T. The right of appeal was treated as a substantive statutory right, and Section 53T was read broadly to cover any decision or order of the Appellate Tribunal, including orders in transferred MRTP matters. Because an efficacious statutory appeal was available, writ jurisdiction under Articles 226 and 227 was held to be unavailable. The writ petitions were therefore not maintainable and the petitioners were required to pursue the statutory appeal.

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Issues: Whether the writ petitions were maintainable in view of the statutory appeal under Section 53T of the Competition Act, 2002 against orders of the Competition Appellate Tribunal passed in transferred proceedings under the repealed Monopolies and Restrictive Trade Practices Act, 1969.

Analysis: Section 66 of the Competition Act, 2002 preserved pending proceedings under the repealed Act and required them to be decided under the repealed regime, but it did not exclude the appellate remedy created by Section 53T. The right of appeal is a substantive statutory right, and the legislature was competent to confer such a right in the repealing statute even though no such appeal existed under the repealed Act. Since Section 53T is expressed broadly to cover any decision or order of the Appellate Tribunal, the remedy extends to orders passed in transferred MRTP matters as well. In these circumstances, the availability of an efficacious statutory appeal barred resort to writ jurisdiction under Articles 226 and 227.

Conclusion: The writ petitions were not maintainable and the petitioners were required to avail the statutory appeal under Section 53T.

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