Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2007 (3) TMI 375

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... pproval granted by the Regional Director, Department of Company Affairs, Ministry of Finance, Government of India under section 224(7) of the Companies Act, 1956 (hereinafter referred to as the said Act ) for removal of the statutory auditors (M/s. Devinder K. Jain and Associates, Chartered Accountants, New Delhi) in respect of the company KEW Precision Parts (P.) Ltd. The grievance of the petiti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... remove the petitioner as the statutory auditor inasmuch as they had lost confidence in them. On 29-7-2004, the company moved an application before the Regional Director for the approval of the Central Government. The approval was granted by virtue of the impugned order dated 25-10-2004 passed by the Central Government acting through the said Regional Director on the ground that the company had los .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d of Directors. This decision had no effect in law other than initiating the process of removal. After the Board decided on 12-7-2004 to proceed with the removal of the auditor, the company moved an application on 29-7-2004 before the Central Government seeking its approval under section 224(7) of the said Act. This approval was required to be taken prior to the removal of the statutory auditors i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... its term except under the procedure provided under section 224(7) of the said Act. The facts of the present case are entirely different. The decision that was taken on 12-7-2004 at the Board Meeting had no effect until and unless prior approval of the Central Government and subsequent confirmation in the General Meeting was granted. The decision of 12-7-2004 was only for the purpose of moving the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates