Appeal directs Tribunal to address objections, incl. final report & respondent contentions.

The appeal was disposed of with a direction to the main Tribunal to consider the objections raised by the appellant, including the objection to the final report prepared by Mr. Parekh. The Tribunal was instructed to also take into account the respondent's contentions while deciding the main company petition. The appeal was concluded with these observations.

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Issues involved: Appointment of forensic auditor for conducting a forensic audit of company's accounts, objections to final forensic audit report, locus of the individual who prepared the final report.

Appointment of Forensic Auditor: The Tribunal passed an order directing the appointment of an independent auditor for conducting a forensic audit of the company's accounts in both Wardha and Hyderabad. The auditors were required to submit the report within 30 days, and the fees and expenses were to be shared equally by both parties. Mr. Sundaraman of Haribakti & Co. was appointed to conduct the forensic audit, and both parties were directed to provide the necessary financial records for the audit.

Objections to Final Forensic Audit Report: Both parties filed objections to the draft report of the forensic audit, but no objection was filed to the final report prepared by Mr. Mitesh Parekh of Haribhakti & Co. Chartered Accountant. The issue raised in the appeal was regarding the locus of Mr. Parekh to file the final report, as he was not specifically appointed for this purpose by the Tribunal. The Tribunal directed the main Tribunal to consider the objections raised by the appellant and the contentions of the respondent regarding the appointment and preparation of the final report.

Disposition of the Appeal: The appeal was disposed of with a direction to the main Tribunal to consider the objections raised by the appellant, including the objection to the final report prepared by Mr. Parekh. The Tribunal was instructed to also take into account the respondent's contentions while deciding the main company petition. The appeal was concluded with these observations.

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