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2022 (8) TMI 839 - HC - Companies LawMaintainability of writ petition - non-speaking order - Principles of res judicata - Appointment of statutory auditors - gross violation of the provisions of section 141 (3)(i) read with section 144(b) of the Companies Act, 2013 - seeking to appoint some other qualified Chartered Accountant as the Statutory Auditors of the Company to complete the financial audit for the five financial years starting from 1st April, 2016 and ending on 31st March, 2021 and to file its revised financial statements - HELD THAT:- A bare perusal of the impugned order is sufficient for this court to hold that it is bereft of reasoning, as the issue raised by the petitioner herein has not been dealt with by the Regional Director in any manner. The review application has also been dismissed simply on the ground of res-judicata, which cannot be a ground to reject an application for review. Maintainability of writ petition - HELD THAT:- The Supreme Court, in the case of Satwati Deswal v. State of Haryana, [2009 (11) TMI 998 - SUPREME COURT] has held It is well settled that a writ petition can be held to be maintainable even if an alternative remedy is available to an aggrieved party where the court or the tribunal lacks inherent jurisdiction or for enforcement of a fundamental right; or if there had been a violation of a principle of natural justice; or where vires of the Act were in question. Thus, when the order is totally silent on the issues raised by the petitioner, despite noting the same, it is nothing but an unreasoned order, violating the principles of natural justice and thus, can be challenged before this court under Article 226 of the Constitution. The impugned order being passed without assigning reasons on the issue involved is hereby set aside as also the review order, and the matter is remanded back to the Regional Director to decide the petitioner's application afresh by a reasoned and speaking order, within a period of one month from the date of receipt of this order - Petition disposed off by way of remand.
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