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CS Professional · Drafting, Pleadings and Appearances · Art of Advocacy and Appearances

The Company Law Board passed an order against Sahyog Trust Ltd, a Section 8 company, before the notified date. The company received the order on 1 March and wants to appeal on a question of law. Under section 434(1)(b), what is the correct forum and time limit?

The appeal lies to the High Court within sixty days from communication of the order, and only on a question of law. Under section 434(1)(b) the High Court may allow a further period of up to sixty days if sufficient cause is shown.

  1. ATribunal, within thirty days of the order
  2. BHigh Court, within sixty days of communication of the orderCorrect
  3. CSupreme Court, within ninety days of the order
  4. DHigh Court, within one hundred and twenty days of the order

Explanation

Section 434(1)(b) allows a person aggrieved by a Company Law Board order made before the notified date to appeal to the High Court within sixty days of communication, on a question of law. Condonation is limited to a further sixty days, so 120 days is not the primary period.

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