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

Rajan Textiles Ltd authorises its Chief Financial Officer, who is not a professional, to present its case before the CCI. The opposite party objects that only professionals may appear. Under section 35 of the Competition Act, 2002, what is the position?

The objection fails. Section 35 lets a party appear in person or authorise one or more professionals or any of its officers to present its case before the Commission. A CFO is an officer of the company, so no professional qualification or consent is needed.

  1. AThe objection fails because a party may authorise any of its officers to present its caseCorrect
  2. BThe objection succeeds because only advocates and chartered accountants are allowed
  3. CThe objection succeeds unless the CFO is also a company secretary
  4. DThe objection fails only if the Director General consents to the appearance

Explanation

Section 35 expressly lists 'any of his or its officers' among those who may be authorised to present a case. The CFO is an officer of the company, so no professional qualification is needed. The Director General's consent is not a requirement.

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