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CS Professional · Drafting, Pleadings and Appearances · Art of Advocacy and Appearances

A Section 8 company's matter under the Companies Act, 1956 was pending before the Company Law Board immediately before the date notified by the Central Government under section 434 of the Companies Act, 2013. A Company Secretary is engaged to appear. Before which forum should he appear after that date, and why?

He should appear before the Tribunal. Under section 434, all matters pending before the Company Law Board immediately before the notified date stand transferred to the Tribunal, which disposes of them in accordance with the Companies Act, 2013.

  1. AThe Company Law Board, as it continues to hear pending matters
  2. BThe High Court, as pending matters stay where they were
  3. CThe Tribunal, as such pending matters stand transferred to it and are disposed of under the 2013 ActCorrect
  4. DThe District Court, as it has residual jurisdiction

Explanation

Section 434(1)(a) provides that matters pending before the Company Law Board immediately before the notified date stand transferred to the Tribunal, which disposes of them in accordance with the 2013 Act. The other forums have no such continuing jurisdiction for these matters.

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