And what about if application is to be made to Central govt? Procedure & Form?

Best Regards,

Meenu

Kindly appreciate your case is not governed by Section 224(7) as company is not removing auditor hence you are not required to take approval of Central Govt.

 

Removal of auditor is the wish of members as apprised by you. Isn't it?. Hence Section 224(7) is not applicable. You have to follow the procedure of Section 225(2) & (3).

 

Regards

Thnxs Sir.

Your guidance helps a lot to remove my queries.

Thnxs N regards,

meenu

You are most Welcome Meenu. Keep up the good work. All the Best.

 

Regards

Thnxs Sir.

Sir,

As specified in Section 225(3), if the copy of representation is not being given to the members & not even being heard at AGM then application is being made to the CG either by the Company or the aggrieved party. Can in our case we or the party make application for the same so that the representation might not be heard.If Yes, kindly provide the procedure or form for that?

 

This is urgent Pls.

Best Regards,

Meenu Jha.

Hi,

 

I think you are misinterpretating section 225(3) in some way. Anyways if you don’t want to give copy of representation then and only then sub-section (3) comes in to picture. For that you have to make application to CG and you have to convince CG about the misuse of the rights provided by section 225 to auditor.  

 

 

Yes you can make such application to CG but it would be a time consuming process and I don’t have the procedure or list of documents to be submitted along with application. I would advise you to avoid such route hoping that intentions of your management are bona fide.   

 

 

Regards

 

Respected Sir,

Yes I too know that the same would be time consuming and complicated procedure. I just want to know all the aspect of the Section therefore I go for the same.being professional we have to think one step more ahead keeping in view check on all the situations under law.

Thanxs for the advise.

Best regards,

Meenu Jha

 

Can any body shares his/her views for the application to be made to CG under section 225(3) of the Companies Act,1956.

Views are solicited.

Best Regards,

CS. Ritu Bhatia

Can any body shares his/her views for the application to be made to CG under section 225(3) of the Companies Act,1956.

Views are solicited.

Best regards,

Meenu Jha

Dear Members, Above discussion is quite helpful for me for understanding the process of removal of Auditor and appointment of another auditor. Need a clarification wrt the procedural issue: - In one of our Pvt Ltd Co we are appointing a new Auditor and retiring the old Auditor. But it's at the discretion of the Board of Directors. In the above discussion it was mentioned that special notice should be given by members. 1). Does it mean we can not appoint a new auditor without the member's notice and members notice is compulsorily be issued to the company? 2). Board of Directors can not retire a Auditor and appoint a new auditor? It would be of great help if you kindly highlight on the same. Thanks in Advance Dhiraj Bagri

Whether the retiring auditor notice of companies act used in case of Trust auditor.