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Companies Law - Highlights / Catch Notes

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Seeking waiving off the payment of Court fees - economic ...

Companies Law

March 18, 2024

Seeking waiving off the payment of Court fees - economic hardship or other significant reasons - Refiling the Compensation Application against the order of the Competition Commission of India - The NCLAT found no such hardship or reason was presented that justified waiving the fee, despite the appellant's claim of being misled by their previous representative. - The NCLAT distinguished these cases from the present situation, noting that in those cases, the legal representatives' absence or default led to the proceedings' outcomes. In contrast, in the current case, the representative was present and actively participated, even though he was not authorized to practice law. Thus, the rationale of not penalizing the party for the representative's fault did not apply here as the representative's actions were not mere defaults or absences but involved active, albeit unauthorized, participation.

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