• Sec. 454 of the Companies Act, 2013

What is the procedure to be followed, appearing before the Adjudicating Officer under Sec.454 of the Companies Act, 2013?

What are the Sections to be taken by the Adjudicating Officer in case of issuing  the 'Show Cause Notice'?
Asked 2 years ago in Civil Law from Kolkata, West Bengal
, the adjudicating officer shall issue a written 
notice to the company and to every officer of the company who is in 
default, to show cause, within such period as may be specified in the 
notice (not being less than fifteen days and more than forty five days 
from the date of service thereon), why the inquiry should not be held 
against him: 
 
 Provided that every notice issued under this sub-rule, shall clearly 
indicate the nature of non-compliance or default under the Act alleged to 
have been committed or made by such company and officer in default, as 
the case may be: 
 
Provided further that the adjudicating officer may, for reasons to 
be recorded in writing, extend the period referred to above by a further 
period not exceeding fifteen days, if the company or officer (as 
applicable) satisfies the said officer that it has sufficient cause for not 
responding to the notice within the stipulated period. 
 
(3) If, after considering the cause, if any, shown by such company or 
officer, the adjudicating officer is of the opinion that an inquiry should bIf, after considering the cause, if any, shown by such company or 
officer, the adjudicating officer is of the opinion that an inquiry should be  3
held, he shall issue a notice fixing a date for the appearance of such 
company, through its authorised representative, or officer of such 
company whether personally or through his authorised representative 
 
(4) On the date fixed for hearing and after giving a reasonable 
opportunity of being heard to the person(s) concerned, the adjudicating 
officer may, subject to 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) Every order passed under sub-rule (4), shall be dated and signed by 
the adjudicating officer. 
 
(6) The adjudicating officer shall send a copy of the order passed by it to 
the concerned company or officer who is in default and to the Central 
Government. 
 
While holding an inquiry, the adjudicating officer shall have the 
following powers, namely:- 
 
(a) to summon and enforce the attendance of any person 
acquainted with the facts and circumstances of the case; 
 
(b) to order for evidence or to produce any document, which in the 
opinion of the adjudicating officer, may be useful for or relevant to 
the subject matter of the inquiry.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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Mr Rajeev Beri has in detail explained the procedure to be adopted by adjudicating officer . the show cause notice would depend upon nature of offence alleged to have been committed by the company and officer in default
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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please read the companies Act 2013 for details regarding offences by the company . 

once show cause notice is issued company  has to file its  reply to show cause notice . personal hearing will be granted . after hearing you on merits reasoned order would be passed by A0. copy of order would be forwarded to company and to  central government
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
After receiving a show cause notice you have to appear in the concern court with a proper reply to it.kindly take assistance of local Advocate
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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