Rule 5 Registration of appeal
- Text as on
- G.S.R. 131(E) dated 19 February 2019
5. Registration of appeal.--
(1) On the receipt of an appeal, office of 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 endorse the date on such appeal and shall sign such endorsement.
(2) If, on scrutiny, the appeal is found to be in order, it shall be duly registered and given a serial number:
Provided that where the appeal is found to be defective, 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 allow the appellant such time, not being less than fourteen days following the date of receipt of intimation by the appellant from 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. about the nature of the defects, to rectify the defects and if the appellant fails to rectify such defects within the time period allowed as above, 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 by order and for reasons to be recorded in writing, decline to register such appeal and communicate such refusal to the appellant within a period of seven days thereof:
Provided further 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 the first proviso above by a further period of fourteen days if an appellant 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 the appellant had sufficient cause for not rectifying the defects within the period of fourteen days referred to in the first proviso.