Sir, as per recent decision of esb, a CA can not exercise right of lien over client documents for non payment of fees. however, as per section 143 of companies act, an auditor can exercise right of lien on BOA for non payment of fees. so what will prevail, companies act or ESB decision. can the auditor exercise right of lien?
Questions › Category: CA-Final EDP › Sir, as per recent decision of esb, a CA can not exercise right of lien over client documents for non payment of fees. however, as per section 143 of companies act, an auditor can exercise right of lien on BOA for non payment of fees. so what will prevail, companies act or ESB decision. can the auditor exercise right of lien?
Sec 143 gives right to access books and not right to exercise lien, so rights of sec 143 are not related to lien. So there is no contradiction between companies act and esb decision
Divya Maheshwari
Ravi