The reason given by a CA in his petition for restoration of name of a struck off company was that PCS failed to do the ROC filings and the same was accepted by NCLT.
Note: NCLT accepted the reason given by a CA in a petition of restoration of name that non filling of Annual returns and Accounts were because of CS. Please read point number 3 and 6.
This is a clear case of maligning the image of Company Secretaries, despite the fact that the Auditor's are the real culprit for not highlighting the non compliance in their Report.
There is a specific point in every Audit Report regarding declaration of disqualification under section 274 (1)g /164 (2).
This was a real duty of auditor to raise the alarm.
I hope that ICSI shall at least look into the matter and identify the scope of fault on PCS's part and if the allegations are false, then it shall also take legal action against the company and the concerned petitioners.
A copy of order passed by NCLT.
Click here to view the full NCLT order
