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2017 (10) TMI 1196 - HC - Companies LawRemoval of an auditor prior to expiry of his term - maintainability of the application filed by respondent no.2 before the RD on the ground of limitation - Held that:- It is the petitioner’s case that the extraordinary General Body meeting was called on 01.10.2015 and the General Body meeting was held on 26.10.2015, wherein a special resolution was passed to remove the petitioner as the auditor. However, the application in Form ADT-2 was made on 14.11.2015. This Court is of the view that the aforesaid controversy need not delay the matter and thus, it is directed that it would be open for the respondent no.2 company to file a fresh application notwithstanding the application filed earlier which is pending for consideration. The respondent no.2 may thereafter hold a General Body meeting for removal of petitioner, if the permission to do so is granted by the Central Government (the RD).
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