78. Application under Section 140.-
(1) An application may be filed by the director on behalf of the company or the aggrieved auditor to the Tribunal in Form NCLT-1 and shall be accompanied by such documents as are mentioned in Annexure “B”.
(2) Where the Tribunal is satisfied on an application of the company or the aggrieved person that the rights conferred by the provisions of section 140 are being abused by the auditor, then, the copy of the representation need not be sent and the representation need not be read out at the meeting,
(3) If the application is made by the Central Government and the Tribunal is satisfied that any change of the auditor is required, it shall within fifteen days of receipt of such application make an order that the auditor shall not function as an auditor and the Central Government may appoint another auditor in his place. |