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

The Director General, after investigation in a case before the Competition Commission, wants an officer of the Director General's office to present its findings. A party, Orion Pharma Ltd, objects, arguing that only legal practitioners may present a case on behalf of the investigating side. Which statement is correct under Section 35?

The objection fails. Section 35 extends to the Director General as well as a party, allowing appearance in person or through authorised listed professionals or any of its officers, so an officer of the Director General's office can present the findings.

  1. AThe objection fails, because the Director General may appear in person or authorise one or more listed professionals or any of its officers to present its caseCorrect
  2. BThe objection succeeds, because officers can represent only a party and never the Director General
  3. CThe objection succeeds, unless the Commission appoints a company secretary
  4. DThe objection fails only if the officer holds a certificate of practice as a cost accountant

Explanation

Section 35 applies to a party or the Director General alike, who may appear in person or authorise chartered accountants, company secretaries, cost accountants, legal practitioners or any of its or his officers. Thus an officer of the Director General's office may present its case. The certificate of practice requirement applies to the professional categories, not to officers.

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