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

Meridian Components Pvt Ltd, a party to an inquiry before the Competition Commission of India, wishes to be represented by Ms. Kavya Rao, a company secretary. She holds a valid certificate of practice under the Company Secretaries Act, 1980. Under Section 35 of the Competition Act, 2002, what is the position?

Ms. Rao may be authorised to present the case. Section 35 of the Competition Act, 2002 expressly lists company secretaries holding a certificate of practice among those who can represent a party, so no advocate or consent of the Director General is needed.

  1. AShe cannot appear, because only advocates may present a party's case before the Commission
  2. BShe may be authorised to present the company's case, since a company secretary holding a certificate of practice is among the listed representativesCorrect
  3. CShe may appear only if the Director General gives written consent
  4. DShe may appear only along with an advocate

Explanation

Section 35 lets a party or the Director General appear in person or authorise chartered accountants, company secretaries, cost accountants, legal practitioners or any of its officers. A company secretary must hold a certificate of practice, which Ms. Rao has. No consent from the Director General or joint appearance with an advocate is required.

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