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2022 (12) TMI 666
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.... assails the 'impugned order', in IA(C/Act)/15(KOB/2022) in Company Petition TCP/21/KOB/2019 dated 18.04.2022, on the file of the 'National Company Law Tribunal, Kochi Bench, Kochi', whereby and whereunder, the National Company Law Tribunal, Kochi Bench, Kochi Bench, Kochi at 'Paragraph No.22', among other things, it was observed that: - "the Auditor has carried out the work for the Years 2014-2015 to 2019-2020 (6 Years) and the present financial condition and the turnover of the Company, we are of the considered opinion that an amount of Rs.12,00,000/- (Rupees Twelve Lakh only) (Rs.2,00,000/- x 6) along with the applicable Goods and Services Tax (GST) would be the reasonable amount to be paid by the Applicant herein, as fee of the....
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....020 was not discussed or dealt with in qualitative and quantitative terms, in regard to the 'pros and cons', of the said contents, by means of 'Evaluation', this 'Tribunal', comes to a 'cocksure opinion', that the conclusion arrived at, by the National Company Law Tribunal, Kochi Bench, Kochi, in the 'impugned order', dated 18.04.2022 in IA(C/Act)/15(KOB/2022) in Company Petition TCP/21/KOB/2019, by observing that an 'Amount' of Rs.2,00,000/- x 6 = 12,00,000/- (Twelve Lakh Only), along with an 'Applicable Goods and Service Tax' would be the reasonable 'Amount', to be paid by the 'Appellant' / 'Applicant', as 'Fee' of the 'Auditor', cannot be countenanced, in the eye of 'Law'. Be it noted, that a 'Tribunal' / an 'Adjudicating Authority', ....
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.... of Rs.12,00,000/- (Rupees Twelve Lakh Only), along with an 'Applicable GST' was observed to be the 'reasonable amount', to be paid by the 'Appellant' / 'Applicant', as an 'Auditor's Fee' and the same is hereby set aside, by this 'Tribunal', to secure the ends of 'Justice'. In the light of the foregoing, this 'Tribunal', directs the National Company Law Tribunal, Kochi Bench, Kochi, to restore the IA(C/Act)/15(KOB/2022) in Company Petition TCP/21/KOB/2019 to its 'File', within 'Two Weeks' from 'Today' and after restoring the said IA(C/Act)/15(KOB/2022) in Company Petition TCP/21/KOB/2019, is directed to 'dispose of' the same in 'De NOVO' fashion, ofcourse, after providing adequate opportunities, to the respective parties, by adhering to ....