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

Meridian Components Pvt Ltd is a party to an inquiry before the Competition Commission of India. Its board wants a practising company secretary holding a certificate of practice to present its case, without the company's directors appearing. Under the Competition Act, 2002, is this permitted?

Yes. Under section 35 of the Competition Act, a party may authorise one or more company secretaries holding a certificate of practice, besides chartered accountants, cost accountants, legal practitioners or its own officers, to present its case before the Commission. No special leave is needed.

  1. ANo, only advocates may present a party's case before the Commission
  2. BYes, a party may authorise a company secretary with a certificate of practice to present its caseCorrect
  3. CNo, a company secretary may appear only with the Commission's special leave
  4. DYes, but only if a legal practitioner appears jointly with the company secretary

Explanation

Section 35 allows a party or the Director General to appear in person or authorise one or more chartered accountants, company secretaries, cost accountants, legal practitioners or any of its officers. A company secretary must hold a certificate of practice. No leave or joint appearance with an advocate is required, so the other options add conditions the section does not contain.

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