Aditya Jain (Final (New) November 2011) (763 Points)
28 October 2011What would be the consequence if Auditor of a Company resigns and then EGM is called for to fill up the Casual Vacancy by resignation and Auditor is not apoointed . This would not be filled up by The Central Government . Then what would be the consequence ?
REVATI (B.com,CA Final)
(Proprietor)
(153 Points)
Replied 29 October 2011
As per my opinion, then they may have to hold another EGM, coz u.s 224(3) CG can appoint only if no appointment in an AGM, not any other GM.
Reading provisio to 224(6)(a) and 224(3) together, leads to a conclusion that vacancy caused by resignation is to be filled by Company in EGM only, CG cannot appoint except in case of AGM..
It is no where mentioned (atleasted i couldnt find it) what happens, if, in the EGM no appointment takes place. Hence logically i feel there should be another EGM
I feel so..please have a look at the opinion of others
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