2017 (10) TMI 1196

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.... all just exceptions. 2. The application is disposed of. W.P.(C) 11225/2016 & CM 4874/2017 (delay) 3. The petitioner - a Chartered Accountant by profession - has filed the present petition, inter alia, impugning an order dated 19.10.2016 passed by the Regional Director, Northern Region, Ministry of Corporate Affairs (hereafter 'the RD'), whereby he has allowed the respondent no.2's application and recalled the order dated 04.02.2016 and further decided to proceed with respondent no.2 company's application for permission to remove the petitioner as a statutory auditor. 4. Mr. Nandrajog, learned Senior Counsel appearing for the petitioner has contended that the order passed on 04.02.2016 was a consent order and therefore, could no....

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....iberty to make observations in this regard in his Audit Report; IV. The draft Audit Report so prepared will be addressed to the Board of Directors with a copy to this Forum on or before 15/03/2016; V. The Applicant will ensure that all necessary infrastructural facility should be provided to the Respondent as directed; VI. The Applicant and Respondent will ensure that as mutually agreed for the commencement of Audit and submission of draft Audit Report, it is executed that both parties will provide all necessary information and cooperation so that health of the Company and the dignity of the profession will not be affected. The matter will be heard of 16/03/2016 at 3:30 P.M. onwards." 7. It is relevant to notice that the said....

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....petitioner's case that the said application was not filed within the time as specified in Rule 7 of the Companies (Audit & Auditors) Rules, 2014, which is set out below: "7. Removal of the auditor before expiry of his term.- (1) The application to the Central Government for removal of auditor shall be made in Form ADT-2 and shall be accompanied with fees as provided for this purpose under the Companies (Registration Offices and Fees) Rules, 2014. (2) The application shall be made to the Central Government within thirty days of the resolution passed by the Board. (3) The company shall hold the general meeting within sixty days of receipt of approval of the Central Government for passing the special resolution." 11. It is the p....