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CS Professional · Drafting, Pleadings and Appearances · Appearance before other Regulatory and Quasi-judicial Authorities

In a case before the Commission, Rohan Pharma Ltd wishes to be represented by its own Vice-President (Legal), who is a salaried officer and not a professional enrolled with any institute or bar council. Under Section 35 of the Competition Act, 2002, can he present the company's case?

Yes. Section 35(1) permits a party to authorise any of its officers to present its case before the Commission, alongside the listed professionals. The officer therefore needs no professional qualification or special approval from the Commission.

  1. ANo, because only chartered accountants, company secretaries, cost accountants or legal practitioners may appear
  2. BNo, because an officer may appear only before the Director General
  3. CYes, because a party may authorise any of its officers to present its caseCorrect
  4. DYes, but only if the company first obtains the Commission's approval

Explanation

Section 35(1) allows a party or the Director General to authorise professionals or any of his or its officers to present the case. The Vice-President (Legal) is an officer of the company, so no professional qualification is needed. The first option wrongly reads the list as exhaustive.

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