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

Ganga Infra Ltd prepares an application asking the Tribunal for a direction on a matter, and separately seeks an exemption on another matter, each under different provisions of the Act. The company secretary asks whether the fee requirement covers both. What is correct?

Both applications need the prescribed fees. Section 459(2) extends the fee requirement to applications for approval, direction, exemption and any other matter, subject to anything the Act provides otherwise, so neither the direction application nor the exemption application can be filed without fees.

  1. AFees are required only for the application seeking exemption
  2. BFees are required only for the application seeking a direction
  3. CFees are required for both, as applications for approval, direction, exemption or any other matter must carry the prescribed fees, save as otherwise providedCorrect
  4. DNeither needs fees because they are not applications for approval

Explanation

Section 459(2) covers applications for approval, sanction, consent, confirmation or recognition, for direction or exemption, and for any other matter. Both applications therefore need the prescribed fees unless the Act provides otherwise. Limiting fees to one category misreads clauses (a) to (c).

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