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CS Professional · Compliance Management, Audit and Due Diligence · Non-Compliances, Penalties and Adjudications

Kaveri Traders Pvt Ltd received an adjudication order on 10 March. The company wishes to challenge it. Which course is correct under the Companies Act, 2013?

An aggrieved person appeals to the Regional Director having jurisdiction, within sixty days from the date of receiving the copy of the adjudicating officer's order. The ninety-day period relates to complying with the order, not to filing the appeal.

  1. AAppeal to the Regional Director having jurisdiction within sixty days of receiving the copy of the orderCorrect
  2. BAppeal to the Regional Director within ninety days of the order
  3. CAppeal to the Registrar within thirty days of the order
  4. DAppeal directly to the High Court within sixty days

Explanation

Section 454(5) and (6) provide an appeal to the Regional Director with jurisdiction, filed within sixty days from the date the copy of the order is received. The ninety-day period applies to compliance with the order, not to appeal.

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