Appeals & Adjudication

Over the years we have appeared on behalf of our clients before various appellate and adjudicating authorities. Through experience, this is what we have learnt on how to approach appeals and adjudication proceedings.

  • Understand the business of the client,
  • Examine and understand the point of dispute,
  • Explore other legal options for dispute resolution: Examine whether the dispute can be resolved by way of filing for rectification, producing further documents or evidence in the matter, etc., in order to avoid litigation. If so, such an approach is best,
  • If unavoidable, proceed for litigation. Keep in mind the timelines, because most appeals and adjudication proceedings are to be filed in a time bound manner. Late filing of an appeal immediately puts the appellant on defensive and reduces chances of success,   
  • Ensure that any pre-deposit required under the statute is made by the client. Also ensure that the appeal fee, if any, is paid,
  • Build the case on evidence. Collect the necessary evidence before preparing any written submissions. Having all the evidence before you will help in building a strong case and preparing lucid submissions,
  • Study the departmental procedure specified under law. If the department has failed to follow any procedure, such as not issuing a show cause notice, not giving opportunity of being heard, ignoring evidence placed during assessment proceedings, etc., dedicate a part of your submission bring out this fact. Do not fail to check if the officer passing the order has the jurisdiction to do so.
  • The importance of legal research cannot be stressed enough. Conduct adequate research on judicial precedents related to each ground you have taken in your client’s defense,
  • Consider alternative grounds of arguments for each ground you intend to take or have taken,
  • Check and recheck your submission to iron out grammatical and spelling errors,
  • Index all annexures and evidences being submitted,
  • Summaries your submissions and include the summary as first page of the written submissions,
  • Appear for the personal hearing without fail. If it is not possible to attend, file a request for adjournment well in time,
  • There can be substantial time gap between filing the submission and the personal hearing, so it is important to go through the submission and refresh your memory before attending the hearing,
  • Prepare additional submission, if a significant event has occurred after filing the initial submission and before the hearing date. For example, a higher court may have passed a ruling in a similar matter,
  • Present your case respectfully but with confidence before the appellate or adjudicating authority,
  • It is a good practice to request the client or its representative to accompany you for the personal hearing,
  • Submit promptly, any additional information sought during the personal hearing by the authority,
  • Provide the client adequate counsel on the likely outcome of the litigation, based on your experience at the personal hearing,
  • Await the order passed by the appellate or adjudicating authority and intimate the client of the same. Also suggest future course of action if necessary,
  • Have faith in your research and submissions and take adequate care,
  • Trust in god but lock your car!