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

Kaveri Agro Ltd is preparing an application to the NCLT seeking a direction under a provision of the Companies Act, 2013. The draft is complete, but the secretary has not yet attached anything regarding fees. What does the Act provide on this?

The application must be accompanied by the fees as may be prescribed, unless the Act provides otherwise. Section 459(2) covers applications for approvals, directions, exemptions and any other matter, so the draft cannot omit the prescribed fee.

  1. AFees are payable only if the Tribunal later directs so
  2. BFees are required only for applications seeking approval, not for directions
  3. CSuch an application must be accompanied by the fees as may be prescribed, save as otherwise provided in the ActCorrect
  4. DNo fees apply because the Tribunal is a judicial body

Explanation

Section 459(2) says every application to the Tribunal for approval, direction, exemption or any other matter shall be accompanied by prescribed fees, save as otherwise provided. Option B is wrong because clause (b) covers directions and clause (c) covers any other matter.

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