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

Kavya Foods Pvt Ltd, an ordinary private company that is not small, a start-up, an OPC or a Producer Company, was penalised by an adjudicating officer on 10 March, and the company received the copy of the order on 14 March. Which statement about challenging the order is correct?

The aggrieved company may appeal to the Regional Director having jurisdiction within sixty days from the date it receives the copy of the adjudicating officer's order. The period runs from receipt, not from the order date, and the appeal is not to the Tribunal.

  1. AAn appeal lies to the Regional Director within sixty days of receipt of the copy of the orderCorrect
  2. BAn appeal lies to the National Company Law Tribunal within thirty days of the date of the order
  3. CAn appeal lies to the Regional Director within ninety days of the date of the order
  4. DNo appeal lies; only a writ petition is available

Explanation

Under section 454(5) and (6), a person aggrieved may appeal to the Regional Director having jurisdiction within sixty days from the date on which the copy of the order is received, not from the date of the order. The ninety-day period relates to complying with the order, not to appealing.

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