Hoskerehalli Technologies Limited, a software company, has been penalized by the Competition Commission of India (CCI) for abuse of dominant position under Section 4 of the Competition Act, 2002. The Managing Director of

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2025
Hoskerehalli Technologies Limited, a software company, has been penalized by the Competition Commission of India (CCI) for abuse of dominant position under Section 4 of the Competition Act, 2002. The Managing Director of the company, S.P Indra, is currently residing in Abu Dhabi, UAE. Since he is unable to be physically present in India, he proposes to authorize the Company Secretary, Naveen Rathod, through a General Power of Attorney (GPA), to represent the company in appellate proceedings against the CCI order. In light of the above, explain the following: (ii) Can Naveen Rathod, Company Secretary, validly represent the company before the appellate authority on the strength of a General Power of Attorney?

Answer & Explanation:

Validity of Representation by Company Secretary through General Power of Attorney (GPA) Section 53S of the Competition Act, 2002 permits parties to appear before National Company Law Appellate Tribunal (NCLAT) in person or through authorized representatives, which include Company Secretaries, Chartered Accountants, Cost Accountants, legal practitioners or any of its officers. The Powers-of-Attorney Act, 1882 read with the Indian Contract Act, 1872 recognizes the legality of a duly executed General Power of Attorney (GPA). A General Power of Attorney executed by the Managing Director (or the Board, as applicable) authorising the Company Secretary to represent the company, file pleadings, and appear before judicial or quasi-judicial authorities is legally valid. Hence, Naveen Rathod, being a qualified Company Secretary and proposed to be duly authorized through a General Power of Attorney executed by S.P. Indra, the Managing Director, can lawfully represent Hoskerehalli Technologies Limited before NCLAT after the authorization.

Topics: General Power of Attorney / Appearances

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