Delhi High Court - Orders
Hema Gusain vs The Institute Of Chartered Accountants ... on 29 July, 2021
Author: Asha Menon
Bench: Asha Menon
$~Suppl.-14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 6682/2021, CM APPL.21035/2021 (exemption)
HEMA GUSAIN ..... Petitioner
Through : Mr. K.K. Sharma, Senior Advocate
with Mr. Alakh Alok Srivastava,
Advocates.
versus
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF
INDIA AND OTHERS .....Respondents
Through : Mr. Ajay Gulati, (proxy) for
Mr.Mahip Datta, Advocate for R-2
Mr. Ravi S.S. Chauhan, Advocate
for R-3.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 29.07.2021 [VIA VIDEO CONFERENCING] CM APPL. 21035/2021 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of. W.P. (C) 6682/2021
1. This petition has been filed challenging the decision of the respondent No.1/Institute of Charted Accountants of India dated 30th March, 2021, whereby, a complaint filed by the petitioner was closed on the ground that Vijay Kumar Lalla, Chartered Accountant has passed Signature Not Verified Signed By:MANJEET KAUR W.P. (C) 6682/2021 Page 1 of 2 Signing Date:29.07.2021 23:24:32 away on 18th November, 2017. It was held that the complaint had become infructuous.
2. Learned counsel for the petitioner, however, relies on the proviso to Rule 8 (2) of the Charted Accountants (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 to submit that the liability is of the firm which is still in existence and the other partners would be equally responsible for explaining the misdemeanor complained of.
3. Issue notice.
4. Mr. Ajay Gulati, learned counsel accepts notice on behalf of respondent No. 2/ M/s Chandiok and Guliani Charted Accountants.
5. Mr. Ravi S.S. Chauhan, learned counsel accepts notice on behalf of respondent No.3/India International Centre.
6. Petitioner to take steps to serve respondent No. 1/The Institute of Charted Accountants of India, by all permissible modes, returnable before the next date of hearing.
7. Replies be filed within three weeks, with advance copies to learned counsel for the petitioner, who may file rejoinders thereto, if any, within two weeks thereafter.
8. List on 30th November, 2021.
9. The order be uploaded on the website forthwith.
ASHA MENON, J JULY 29, 2021 j Signature Not Verified Signed By:MANJEET KAUR W.P. (C) 6682/2021 Page 2 of 2 Signing Date:29.07.2021 23:24:32