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Union of India - Section

Section 6 in The Companies (Adjudication of Penalties) Rules, 2014

6. Disposal of appeal by Regional Director.

(1)On the admission of the appeal, the Regional Director shall serve a copy of appeal upon the adjudicating officer against whose order the appeal is sought along-with a notice requiring such adjudicating officer to file his reply thereto within such period, not exceeding twenty-one days, as may be stipulated by the Regional Director in the said notice:Provided that the Regional Director may, for reasons to be recorded in writing, extend the period referred to in sub-rule (1) above for a further period of twenty-one days, if the adjudicating officer satisfies the Regional Director that he had sufficient cause for not being able to file his reply to the appeal within the above-said period of twenty-one days.
(2)A copy of every reply, application or written representation filed by the adjudicating officer before the Regional Director shall be forthwith served on the appellant by the adjudicating officer.
(3)The Regional Director shall notify the parties, the date of hearing of the appeal which shall not be a date earlier than thirty days following the date of such notification for hearing of the appeal.
(4)On the date fixed for hearing the Regional Director may, subject to the reasons to be recorded in writing, pass any order as he thinks fit including an order for adjournment of the hearing to a future date.
(5)In case the appellant or the adjudicating officer does not appear on the date fixed for hearing, the Regional Director may dispose of the appeal ex-parte:Provided that where the appellant appears afterwards and satisfies the Regional Director that there was sufficient cause for his non-appearance, the Regional Director may make an order setting aside the ex-parte order and restore the appeal.
(6)Every order passed under this rule shall be dated and signed by the Regional Director.
(7)A certified copy of every order passed by the Regional Director shall be communicated to the adjudicating officer and to the appellant forthwith and to the Central Government.Annexure
FORM NO.ADJ[Pursuant to Section 454(5) of the companies Act, 2013 and rule 4(1) of the Companies (Adjudication of Penalties) Rules, 2014]| Memorandum of Appeal
Form languageEnglishHindiRefer the instruction kit for filing the form.|- Before the Regional Director|- In the matter of the Companies Act, 2013|- And|- In the matter of appeal against the order made ob by| | |- 1.| *Category of Appellant| |- 2.| *Corporate identity number (CIN) or Foreign Company registration number (FCRN)| | |- 3.| (a) Name of the Company| |- | (b) Address of the registered office or principal place of business in India|- | |- | (c) email id of the company| |- 4.| Details of appellant|- | (a) *DIN/PAN/Passport number| | |- | (b) *Name| |- | (c) Address *Line I| |- | *Line II |- | (d) *City| |- | (e) *State| | (f) *ISO Country Code| |- | (g) Country| |- | (h) *Pin Code| | | |- | (i) *email id| |- 5.| Details of respondent|- | (a) Adjudicating Officer| | |- | Specify 'Others'| |- | (b) Address| |- 6.| *Section under which penalty was imposed| |- 7.| *Penalty imposed (Amount in Rupees)| |- 8.| *Reason for Penalty|- | |- 9.| Details of imprisonment (if any)|- | |- 10.| Specify the relevant Form number (if any)| |- 11.| SRN of the form specified above| |- 12.| *Synopsis of case|- | |- 13.| *Grounds of appeal|- | |- 14.| *Relief sought|- | |- 15.| *Interim relief sought (if any)|- | |- 16.| *Date of issuing certified copy of Penalty order|- 17.| Due date by which the order has to be filed| |- 18.| Delay in days| |- 19.| Reason for delay in filing the order|- | |- 20.| Details of the Condonation given (if any)|- | |- 21.| *Jurisdiction of Regional Director| |- The appellant declares that the subject matter of appeal falls within the jurisdiction of the Regional Director.|- Attachments|- |- 1. *Certified copy of the order against which appeal is sought;| |- 2. Copy of authorization in favour of authorized representative;| |- 3. Order of condonation of delay;| |- 4. Optional attachment(s), if any.| |- Declaration|- | I am authorized by the Board of Directors of the Company vide resolution numberDatedto sign this form and declare that all the requirements of The companies Act, 2013 and the rules made thereunder.|- | I am filing this form in my individual capacity as Officer in default in the captioned matter and hereby certify that all the requirements of The Companies Act, 2013 and rules made there under have been complied within respect of subject matter of this form.|- | I also certify that all the information given hereinabove is ture, correct and complete including the attachments to this form and nothing material has been suppressed.|- | It is further declared that no other appeal, suit civil revision or any other legal proceedings is pending before any authority on the similar matter.|- *To be digitally signed by| |- *Designation| |- *PAN of the Authorized representative; or DIN/PAN or passport number of the appellant; or DIN of the director; or DIN or PAN of the manager or CEO or CFO; or Membership number of the Company Secretary| |- Note :Attention is also drawn to provisions of section 448 and 449 which provides for punishment for false statements and punishment for false evidence respectively.|- | | | | |- |- For office use only :| |- eForm Service request number (SRN)| | eForm filing date| (DD/MM/YYYY)|- Digital Signature of the authorising officer|- This e-Form is hereby approved| | |- This e-Form is hereby rejected| |- Date of signing| | (DD/MM/YYYY)