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

Himalaya Pharma Ltd files an application before the Tribunal under a provision of the Act, which itself prescribes a specific fee arrangement for that application. A junior asks whether the general fee requirement of Section 459(2) still applies. What is the correct position?

The specific arrangement in the Act governs. Section 459(2) operates 'save as otherwise provided in this Act', so the general fee requirement gives way where the Act itself provides otherwise for that application. It does not impose a second fee and it covers both the Central Government and the Tribunal.

  1. ASection 459(2) applies in addition, so two fees must be paid
  2. BSection 459(2) applies only 'save as otherwise provided in this Act', so the specific arrangement in the Act governsCorrect
  3. CSection 459(2) overrides every other provision, so the specific arrangement is void
  4. DSection 459(2) applies only to Central Government applications, not Tribunal applications

Explanation

Section 459(2) opens with 'Save as otherwise provided in this Act', so where the Act itself provides otherwise for fees on an application, that provision prevails. It does not demand double fees, does not override the Act, and expressly covers the Tribunal as well as the Central Government.

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