Ca Parthasarathi Chanda vs Institute Of Chartered ...
2023 Latest Caselaw 3419 Cal

16.05.2023
sayandeep
Sl. No. 05
Ct. No. 05


                                    WPA 11609 of 2023

                              CA Parthasarathi Chanda
                                       -Versus-
                Institute of Chartered Accountants of India & Ors.

                   Mr. Deepan Kumar Sarkar
                   Mr. Avishek Guha
                   Ms. Akansha Chopra
                                                   ...... for the petitioner

                   The    petitioner   is    a   practicing       Chartered

             Accountant    and     seeks    temporary    relief     from   a

             Judgment dated 26.03.2023 passed by the Appellate

             Authority     constituted      under       the       Chartered

             Accountants    Act,    1949,    The    Cost      And    Works

             Accountant Act, 1959 and The Company Secretaries

             Act, 1980.

                   The petitioner approached the Delhi High Court

             from the impugned order by way of filing a writ

             petition and a single Bench of the Delhi High Court by

             an order dated 28.04.2023 protected the petitioner in

             the interregnum from 26.04.2023 until 30.05.2023.

             The order of the Delhi High Court records that the

             punishment of the petitioner's removal from the

             Register of members for four years was directed to

             remain stayed by way of an earlier order passed by

             the Delhi High Court on 26.04.2023.               The order

             further records that learned counsel appearing for the

             petitioner sought permission to approach the Calcutta

             High Court. The Court was hence of the view that the
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petitioner should be given liberty to approach the

Calcutta High Court since the first round of challenge

to the disciplinary proceedings was made in this

Court and the order of the Disciplinary Committee

dated 11.01.2019 was passed in Kolkata. The interim

order was hence directed to continue till 30.05.2023

for enabling the petitioner to approach the Calcutta

High Court.

      Upon considering the impugned Judgment of

the Appellate Authority dated 26.03.2023, this Court

is also prima facie of the view that the alleged violation

of non- accounting of deposits collected in the

financial statement of Mega Mould India Ltd., was

done at a time when the petitioner was not associated

with the said Company.

      Apart from the above, the protection given by

the Delhi High Court which was directed to continue

till 30.05.2023 shall continue until the respondents

are heard or until further orders, whichever is earlier.

List this matter on 6th June, 2023.

The petitioner is to communicate this order on

the respondents. The affidavit-of-service shows that

the respondents have been served. None of the

respondents are however represented. The

respondents were put on notice when the matter was

mentioned for urgent listing. The respondents were

also present before the Delhi High Court when the

petitioner was given leave to approach the Calcutta

High Court.

                       (Moushumi     Bhattacharya,

                      J.)