9911796707
TMI Blog2018 (1) TMI 1334X X X X Extracts X X X X X X X X Extracts X X X X ..... .2, 3rd Floor, Asaf Ali Road, New Delhi (Mobile No. 9899904779, 9871098777), as the Statutory Auditors to audit the accounts for the relevant years. The Auditor shall conduct the audit in a time bound manner to ensure that respondents are able to take advantage of scheme floated. - C. P. No. 4 (ND)IO - - - Dated:- 19-1-2018 - SMT. INA MALHOTRA, MEMBER (J) AND SMT. DEEPA KRISHAN, MEMBER (T) For the Petitioner (s) : Mr. Yogesh Jagia, Advocate, Mr. Nitesh Jain, Advocate, Mr. P. K. Dhingra, CA For the Respondent (s) : Mr. Rajnish Sinha, Advocate, Mr. Sumit Malhotra, Advocate ORDER PER SMT. INA MALHOTR4, MEMBER (J) CA I. 1 / 2018 has been filed by the Respondent praying for an carly disposal of CA 142/2014 vide wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithin the specified period and seek the benefit of setting aside the suspension of Directors. Further for the filing of the Financial Statements and the Annual Returns, the DIN of the disqualified Directors have been reactivated temporarily till 3 ISV March, 2018. 3. The difficulty experienced in availing the benefit under the scheme is that the Financial Statements have to be audited by the Statutory Auditor in whom the respondents no longer repose any faith. It is alleged that he is acting at behest of the opposite party. Since the filing of the petition in 2010, the Annual Returns have not been filed by the Respondent Company. 4. The grounds for seeking replacement of the statutory auditor namely is the alleged bias against the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at on account of the pendency before the then Company Law Board, the grievance should be agitated before the same forum. However, the Company Law Board directed the Respondents to file a fresh application before the RD for considering their prayer as it was within their domain to consider the same. The said order passed in CP No. 4 (ND) of 2010 and in another connected matter CP I(ND)/2010 was challenged before the Delhi High Court wherein the Hon'ble High Court of I)elhi directed the grievance to be adjudicated by the Company Law Board alone which was vested with the powers u/ s 402 of the Companies Act. 6. In view of the aforesaid, it is prayed that necessary directions for removal of the Statutory Auditors be granted, to be replac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e fact that there is no reason to create any impediment in the Respondents' availing the scheme floated by the Ministry of Corporate Affairs for filing of the Returns for the defaulting years, which consequently shall result in restoration of their DINS, this Bench is of the opinion that it would be apposite and expedient to direct the financial statements to be audited by an Independent Auditor for the purpose of laying it before the shareholders and filing them with ROC. 11. In view of the facts and circumstances of the case, this Bench appoints M/S. K.G. Somani and Company, Delight Cinema Building, Gate No.2, 3rd Floor, Asaf Ali Road, New Delhi (Mobile No. 9899904779, 9871098777), as the Statutory Auditors to audit the accounts fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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