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

The Director General is investigating a bid-rigging complaint, and the matter comes up for hearing before the Commission. Under Section 35 of the Competition Act, 2002, how may the Director General's case be presented?

The Director General may appear in person or authorise one or more listed professionals, or any of his officers, to present the case. Section 35(1) names the Director General expressly, alongside a party, and does not restrict representation to advocates.

  1. AOnly through an advocate appointed by the Central Government
  2. BThe Director General may appear in person or authorise listed professionals or any of his officers to present the caseCorrect
  3. CThe Director General cannot appear and the Commission presents the case itself
  4. DOnly through a company secretary

Explanation

Section 35(1) provides that a party or the Director General may either appear in person or authorise one or more chartered accountants, company secretaries, cost accountants, legal practitioners or any of his or its officers to present the case. The right is not limited to one profession or to government-appointed advocates.

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