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

Under Section 427 of the Companies Act, 2013, how are the President, Members, officers and other employees of the Tribunal treated, a fact an advocate should bear in mind when conducting themselves before it?

They are deemed to be public servants within the meaning of section 21 of the Indian Penal Code, as Section 427 provides. This covers the Tribunal's President, Members, officers and employees, and the Appellate Tribunal's counterparts, so advocates must show proper decorum and respect before them.

  1. AThey are deemed to be public servants within the meaning of section 21 of the Indian Penal CodeCorrect
  2. BThey are treated as private arbitrators
  3. CThey are treated as officers of the Registrar
  4. DThey are exempt from every legal obligation

Explanation

Section 427 provides that the President, Members, officers and other employees of the Tribunal, and the Chairperson, Members, officers and employees of the Appellate Tribunal, are deemed public servants under section 21 of the Indian Penal Code. This underlines the need for respectful, ethical conduct.

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