M S KABLI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, a practicing Chartered Accountant, is the sole proprietor of M/s. M.S. Kabli & Company. The Petitioner is aggrieved by an order dated 28th July 2005 passed by the Regional Director (Northern Region), Ministry of Company Affairs, Government of India according approval under Section 224(7) of the Companies Act, 1956 ("Act?) for removal of the Petitioner as statutory auditor of M/s. Super Cassette Industries Limited ("SCIL?).

(2.) The Petitioner was first appointed as the statutory auditor of SCIL in the year 1992. Thereafter, the Petitioner was reappointed as a joint statutory auditor of SCIL in the Annual General Meeting ("AGM?) of SCIL held on 30th September 2003 and further reappointed as such at the AGM held on 30th September 2004. On 9th May 2005 an application was filed by SCIL before Respondent No. 1 under Section 224(7) of the Act seeking approval for the removal of the Petitioner. On 10th May 2005 an Extraordinary General Meeting ("EGM?) of the SCIL was held and a special resolution passed for removal of the Petitioner as the joint statutory auditor subject to approval by the Central Government.

(3.) The Regional Director considered the reply sent by the Petitioner to the application filed by the SCIL. There were six specific grounds urged by SCIL in its application under Section 224(7) of the Act. The first was that the Petitioner did not have adequate infrastructure to conduct the audit. This was negatived by the Regional Director as being without merit since the Petitioner had conducted the audit of the SCIL as the sole auditor continuously for 13 years up to the year ending 31st March 2003. Moreover, the appointment had been made at the AGM held on 30th September 2004 on the recommendation of the Board of Directors of the company, knowing fully well about the Petitioner's infrastructure.