Delhi High Court
Wholesale Trading Services P Ltd vs The Institute Of Chartered ... on 1 March, 2021
$~13.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 1st March, 2021
+ LPA 89/2021
WHOLESALE TRADING SERVICES P LTD. ..... Appellant
Through: Mr.R.Subramanian, Adv.
Versus
THE INSTITUTE OF CHARTERED
ACCOUNTANT OF INDIA ..... Respondents
Through: Ms.Pooja M.Saigal with Mr.Shantanu
Chaturvedi, Advocates for R-1 & 2.
Mr.Dayan Krishnan, Senior Advocate with
Ms.Archana Sahadeva and Mr.Sanjeevi Seshadri,
Advocates for R-3.
Mr.S.Ganesh, Senior Advocate with Mr. Mahesh
Agarwal, Mr.Karan Luthra, Mr. Himanshu Satija,
Mr.Shaishir Divatia, Advocates for the intervenor.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JASMEET SINGH
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
C.M.No.8237-38/2021
Allowed, subject to all just exceptions.
The applications are disposed of.
LPA 89/2021 & C.M.No.8236/2021(stay)
1. This appeal has been preferred by the original petitioner in W.P.(C)
No.376/2021. This appellant is aggrieved by an interim order dated 8th
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:08.03.2021
14:30:45
February, 2021 passed by the learned Single Judge (Annexure A-1 to the
memo of this appeal).
2. Having heard the learned counsel for the appellant and looking to the
facts and circumstances of the case, the learned Single Judge has passed the
following orders:-
"1. The hearing was conducted through video conferencing.
2. Petitioner is directed to file an affidavit, within two
weeks, indicating his connection with the company in
respect of which the subject audit was conducted by
respondent No.3.
3. It is contended by learned counsel for the petitioner that
petitioner is not a creditor of the said company.
4. List on 13.05.2021.
5. Copy of the order be uploaded on the High Court website
and be also forwarded to learned counsels through email
by the Court Master."
3. In view of the aforesaid, we see no reason to entertain the present
LPA as no conclusive determination of rights and liabilities of the parties
have been decided. This LPA is accordingly dismissed along with the
pending application, with costs of Rs.10,000/- to be deposited by the
appellant (original petitioner) with the Member Secretary, Delhi State Legal
Service Authority within four weeks from today. The amount deposited will
be use by Member Secretary, DLSA, for "Access to Justice" programmes.
4. When this Court enquired from the learned counsel for the appellant
(original petitioner) as to whether has the appellant has ever deposited the
costs which have been imposed by this Court. The learned counsel replied
that only once costs have been imposed upon the appellant which has yet not
been deposited.
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:08.03.2021
14:30:45
5. Mr.S.Ganesh, the learned Senior Counsel appearing in matter has
submitted that there are as many as four such matters in which this Court has
imposed costs and the same has not yet been deposited by the appellant.
The details of those matters are as follows:-
Sl.No. Case Details Date of Bench Costs
Order
1. Wholesale Trading 07.07.2017 Division bench Rs. 10,000/-
Services Pvt. Ltd. v. of the Hon'ble imposed as costs on
UOI; WP(C)5602/2017 Delhi High the Appellant.
Court
2. Wholesale Trading 04.12.2017 Hon'ble Delhi Rs. 10,000/-
Services Pvt. Ltd. v. High Court payable to Delhi
UOI; High Court Legal
WP(C) 10536/2017 Services Committee
within a period of
three weeks,
imposed on the
Appellant.
3. Wholesale Trading 01.08.2019 Hon'ble Delhi Rs.1,00,000/
Services Pvt. Ltd. v. High Court payable to Delhi
ICAI & Ors; High Court Legal
Services Committee
WP(C) 8071/2019 within a period of
two weeks,
imposed on the
Appellant.
4. Wholesale Trading 01.08.2019 Hon'ble Delhi Rs. 1,00,000/-
Services Pvt. Ltd. v. High Court payable to Delhi
ICAI & Ors; High Court Legal
Services Committee
WP(C) 8081/2019 within a period of
two weeks,
imposed on the
Appellant.
This order has been
sustained by the
Hon'ble Division
Bench of this
Hon'ble Court in
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:08.03.2021
14:30:45
LPA No. 586/2019
by order dated
11.09.2019.
6. Learned counsel for the appellant is directed to take instructions with
regard to the above-mentioned matters for the next date of hearing.
7. We also direct the Registry of this Court to list this LPA on 12 th April,
2021 to report compliance of the order.
8. A copy of this order be sent forthwith to the Member Secretary, Delhi
State Legal Services Authority, Patiala House Courts, New Delhi.
CHIEF JUSTICE
JASMEET SINGH, J
MARCH 01, 2021
'anb'
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:08.03.2021
14:30:45
