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CS Professional · Drafting, Pleadings and Appearances · Documents under Companies Act, 2013

A creditor's lawyer, Meera, obtains a court summons directing the Registrar to produce the original incorporation file of Kaveri Traders Pvt Ltd. The summons carries no remark about leave. Which statement is correct?

Process compelling production of a Registrar's document may issue only with the leave of the court or Tribunal, and it must bear a statement that it is issued with that leave. A summons without such a statement does not comply with section 399(2). The inspection fee is irrelevant here.

  1. AProcess compelling production issues only with the leave of the court or Tribunal, and must state it is issued with such leaveCorrect
  2. BAny court may issue such process freely, with no leave needed
  3. COnly the Central Government may order the Registrar to produce documents
  4. DThe process is valid if Meera pays the prescribed inspection fee

Explanation

Section 399(2) bars process for compelling production of any document kept by the Registrar from any court or the Tribunal except with its leave, and any such process must bear a statement that it is issued with leave. The summons lacks this, so it does not meet the requirement. Paying an inspection fee relates to inspection under section 399(1), not compulsory production.

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