Company Law Board filing rules: advocate's vakalath was sufficient for presentation, and Form No. 4 was not needed at filing stage.

Rule 28(4) of the Company Law Board (Bench) Rules, 1975 applies to appearance before the Bench and not to the initial presentation of papers for institution of proceedings. Rule 12 governs filing by the party or an authorised representative, and an advocate's vakalath is sufficient authorisation at that stage. The requirement to file a memorandum of appearance in Form No. 4 arises only for hearing before the Bench, not for presentation to the Bench Officer. Accordingly, papers filed through advocates could not be returned for want of a board resolution and Form No. 4, and the return of the papers was unjustified.

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Issues: Whether rule 28(4) of the Company Law Board (Bench) Rules, 1975 applied to papers filed by an advocate on behalf of a company, and whether the Bench Officer was justified in returning the papers for want of a board resolution and memorandum of appearance in Form No. 4.

Analysis: The procedural scheme of the Rules distinguishes between presentation of an application or petition and appearance before the Bench. Rule 12 permits presentation by the party or an authorised representative, and rule 16 empowers the Bench Officer to return defective papers. Rule 28(4) is confined to cases where a company is represented by a director or secretary, or where the Regional Director or Registrar appears through an officer. Where representation is by an advocate, chartered accountant, cost and works accountant, or company secretary under rule 28(2) and (3), the representative must file the authorisation and the memorandum of appearance required for hearing before the Bench. That requirement does not govern the initial filing of papers with the Bench Officer. An advocate's vakalath is sufficient authorisation for presentation of the papers, and Form No. 4 is not required at that stage.

Conclusion: Rule 28(4) was inapplicable to the filing made through the petitioner's advocates, and the return of the papers was unjustified. The papers were directed to be accepted when duly presented, and the petition was allowed.

Ratio Decidendi: The requirement of memorandum of appearance in Form No. 4 under rule 28 applies to appearance before the Bench and not to the presentation of papers for institution of proceedings, which is governed by rule 12 and the ordinary authorisation of the advocate.

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