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CMA Final · Corporate and Economic Laws · Prevention of Oppression and Mismanagement

A person against whom the Central Government has referred a case to the Tribunal under section 241(3) is treated as follows under the Act:

The person against whom the case is referred under section 241(3) must be joined as a respondent to the application. He is a party to the proceedings and not merely a witness or an excluded person.

  1. AJoined as a respondent to the applicationCorrect
  2. BHeard only as a witness without being a party
  3. CExcluded from the proceedings until the Tribunal issues an order
  4. DRepresented only by the company's auditor

Explanation

Section 241(4) states that the person against whom a case is referred under sub-section (3) shall be joined as a respondent to the application. He is therefore a party, not merely a witness.

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