Council Of The Institute Of ... vs Ved Prakash Verma And Anr
2014 Latest Caselaw 4098 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CHAT.A. REF. 5/2012

       COUNCIL OF THE INSTITUTE OF CHARTERED
       ACCOUNTANTS OF INDIA                      ..... Petitioner
                    Through: Mr. Rakesh Agarwal and Mr. Pulkit
                              Agarwal, Advs.

                                            Versus

    VED PRAKASH VERMA AND ANR                   ..... Respondents
                  Through: Mr. Anuj Aggarwal and Ms. Niti
                           Jain, Advs. for R-2.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

                             ORDER

% 02.09.2014 CM No.140024/2014 (of the petitioner for modification of judgment dated 10th July, 2014)

1. The petitioner Institute has filed this application for modification of our judgment dated 10th July, 2014 disposing of this reference.

2. We had vide judgment dated 10th July, 2014 accepted the recommendation of the petitioner Institute of removal of the respondent No.1 from the membership of the petitioner Institute for a period of six months and while doing so had ordered the same to be "effective from this date" i.e. from the date of the judgment.

3. The petitioner Institute by this application states that as per the applicable Regulations, the petitioner Institute is required to notify the removal of the name of the respondent No.1 in the Gazette of India and is

also required to communicate the same to the respondent No.1 in writing and that the removal of the name of the member takes effect from the date of publication of the notification in the Gazette of India. It is contended that the operative part of the judgment dated 10th July, 2014 making the removal of the name of the respondent No.1 from the membership of the petitioner Institute effective from the date of the judgment is thus not in accordance with the applicable Regulations.

4. The respondent No.1 was ex-parte and thus we do not feel the need to issue notice of this application to the respondent No.1.

5. The application is allowed, the words "effective from this date" in para 9 of the judgment dated 10th July, 2014 are substituted with the words "in accordance with law".

6. Thus, para 9 of the judgment dated 10th July, 2014, as modified, shall be read as under:

"9. We accordingly accept the recommendation of the petitioner Institute and remove the respondent No.1 from the membership of the petitioner Institute for a period of six months in accordance with law."

7. The application is disposed of.

8. A copy of this order be uploaded in the category of judgment in PDF format on the website of this Court.

CHIEF JUSTICE

RAJIV SAHAI ENDLAW, J.

SEPTEMBER 02, 2014/bs