Appointment of auditors: words indicating 'other than a retiring auditor' are not required in notices or resolutions for valid appointment. The departmental view is that the phrases 'other than a retiring auditor' and 'instead of him' are not mandatory in the special notice or AGM resolution for appointing a new auditor; reappointment of a retiring auditor is not automatic and requires a specific resolution, and absence of such reappointment ends the retiring auditor's term, so proposing or appointing another person without those words is sufficient for statutory compliance.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Appointment of auditors: words indicating 'other than a retiring auditor' are not required in notices or resolutions for valid appointment.
The departmental view is that the phrases "other than a retiring auditor" and "instead of him" are not mandatory in the special notice or AGM resolution for appointing a new auditor; reappointment of a retiring auditor is not automatic and requires a specific resolution, and absence of such reappointment ends the retiring auditor's term, so proposing or appointing another person without those words is sufficient for statutory compliance.
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