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CS Professional · Drafting, Pleadings and Appearances · Applications, Petitions and Appeals under Companies Act, 2013

A company secretary is drafting the grounds for a Supreme Court appeal against an NCLAT order. Which drafting approach best fits the statutory requirement of section 423?

The grounds should be framed as questions of law arising out of the NCLAT order, and the memorandum should state the date of receipt of the order to show the appeal is within sixty days. Pure factual re-argument or silence on receipt date is defective.

  1. AFrame grounds as substantial questions of law arising out of the NCLAT order and state the date of receipt of the orderCorrect
  2. BRe-argue every finding of fact and omit the date of receipt
  3. CState only the date of the NCLAT order and seek a fresh trial
  4. DFrame grounds as questions of policy for the Central Government

Explanation

Section 423 limits the appeal to questions of law arising out of the order, and time runs from receipt of the order. The memorandum should therefore frame legal questions and show the date of receipt to demonstrate compliance with limitation. The other approaches ignore these requirements.

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