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

Kaveri Textiles Ltd is a party to an inquiry before the Competition Commission of India. The board wants its in-house Company Secretary, who holds a certificate of practice, to present the case. Under Section 35 of the Competition Act, 2002, what is the position?

The company may authorise a company secretary who holds a certificate of practice to present its case. Section 35(1) expressly lists company secretaries among those who can appear before the Commission, and it requires no permission from the Commission or the Director General.

  1. AOnly an advocate may present the case; a company secretary is barred
  2. BThe company may authorise a company secretary holding a certificate of practice to present its caseCorrect
  3. CA company secretary may appear only with the prior written permission of the Commission
  4. DA company secretary may appear only if the Director General consents

Explanation

Section 35(1) lets a party appear in person or authorise one or more chartered accountants, company secretaries, cost accountants, legal practitioners or any of its officers to present its case. The company secretary must hold a certificate of practice. No permission from the Commission or the Director General is needed, so the other options add conditions the section does not contain.

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