S. KUNJITHAMALA Vs. HVAC SYSTEMS P. LTD.

JUDGEMENT

(1.) This is an appeal under Section 10F of the Companies Act, 1956 (for short "the Act") directed against the order dated November 30, 2009, passed by the Company Law Board, Additional Principal Bench, Chennai, purported to be in C.A. No. 35 of 2009 in pending Company Petition No. 41 of 2005 which is in the form of a memo filed by the company petitioners on July 14, 2009, seeking for the following prayers:

(2.) It was also accompanied by an affidavit sworn to by the first petitioner - the first appellant herein who is described as the managing director of the first respondent-company as submitted by Sri G.V. Rao, learned Counsel appearing for the appellants.

(3.) The application, it appears was for the purpose of changing the auditor by name C.R. Murali who had been appointed earlier by the very Company Law Board (for short "the Board") on January 13, 2006 and with the consent of the parties to look into the aspects of the manner and management of funds of the company and as to whether the person in charge of the management had acted to the detriment of the other person, etc.