Photo of Vikash Kumar Jha

Vikash has over 13 years of experience and focuses on commercial litigation before various forums including Supreme Court, High Courts, NCLAT, NCLT, PMLA, Trial Court etc. He also has extensive experience in arbitration and court proceedings arising out thereof. He has done practice in trial courts and has a fair amount of experience in original side practice. He is a qualified AOR, Supreme Court. He can be reached at

In the judgment of Union of India and Another vs. Deloitte Haskins and Sells LLP & Another[1], the Supreme Court has enunciated and cleared the law pertaining to the removal and resignation of a statutory auditor vis-à-vis the proceedings initiated under Section 140(5) of the Companies Act, 2013 (“Act”). The Supreme Court upheld the constitutional validity of Section 140(5) of the Act and interpreted it as “neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of the Constitution of India”. The Supreme Court clarified that the resignation of an auditor after filing an application under Section 140(5) of the Act does not automatically terminate the proceedings initiated under this Section.Continue Reading Supreme Court Sets the Bar Too High for the Statutory Auditors