Rule 6 Disposal of appeal by Regional Director
- Text as on
- G.S.R. 131(E) dated 19 February 2019
6. Disposal of appeal by Regional DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4..--
(1) On the admission of the appeal, the Regional DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. 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 DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. in the said notice:
Provided that the Regional DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. 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 DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. 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 DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. shall be forthwith served on the appellant by the adjudicating officer.
(3) The Regional DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. 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 DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. 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 DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. may dispose of the appeal ex-parte:
Provided that where the appellant appears afterwards and satisfies the Regional DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. that there was sufficient cause for his non-appearance, the Regional DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. 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 DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4..
(7) A certified copy of every order passed by the Regional DirectorDefined in rule 2(1)(e): the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; the appellate authority under rule 4. shall be communicated to the adjudicating officer and to the appellant forthwith and to the Central Government.