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2021 Supreme(Online)(Guj) 4054

GUJARAT HIGH COURT
PIPARA AND CO LLP – Appellant
Versus
GUJARAT STATE POLICE HOUSING CORPORATION LIMITED – Respondent


Advocates:
['MUNJAAL M BHATT', 'VARUN K PATEL', 'G H VIRK', 'NOTICE SERVED BY DS']

order.

XXIV. We find that S.140(5) in its substantive part, does not envisage any such interim order. It only speaks of an order and direction to company to change its CA. Thus final order to be issued under substantive part is to a Company only. The CA to be changed who opposes that change, may also be required to be heard under this substantive part as he may point out the want of material to sustain the subjective satisfaction. reached by NCLT...…

XXVII. But as object of S. 140(5) is to change the suspect auditor, the final order will always displace an existing auditor. Therefore order asking the Company to change the auditor, alone needs to be treated as final order which will attract the above disqualification or debarment. Element of subjective satisfaction rules out the need of a full fledged inquiry or an exercise to prove it in each & every case.

...…

XXXI. Threat of disqualification is only to expedite the change of CA as the “satisfaction” which triggers said jurisdiction is of a superior authority like NCLT. Intention is not to punish, but to prohibit a CA with prima facie dubious record to continue and to see that concerned Company appoints another CA of its choice as per

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