2017 (12) TMI 1812

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....Rule 9 of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 (hereafter 'the Rules') within a maximum period of 14 weeks. 4. The petitioner claims that a firm of Chartered Accountants, namely, M/s K Ramkumar & Company had committed professional misconduct in respect of audit/tax audit of a partnership firm (M/s V R Packers) based in Chennai. 5. The petitioner - which is a company incorporated under the Companies Act, 1956 (hereafter 'the Act') - has filed a complaint with respondent no.1 (hereafter 'ICAI') alleging that there has been professional misconduct in the audit of accounts of the firm M/s V R Packers, for the years 2007-08 to 2009-10. The said complai....

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....ou and the matter is under process in terms of the provisions of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007. Regards, Shashi Mahajan Assistant Secretary Disciplinary Directorate The Institute of Chartered Accountants of India 'ICAI Bhawan', Indraprastha Marg New Delhi - 110002 Telephone No. 011-30110435'' 8. Concededly, there are no time frames specified for processing of the complaint under Rule 9 of the said Rules. 9. Since the petitioner did not receive any response to its email dated 31.10.2017 demanding that the enquiry under Rule 9 be completed within a period of 14 weeks, the....

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....o have approached this Court. The petitioner has no right to insist that enquiry in respect of its complaint be given precedence over other complaints pending before the Disciplinary Authorities of ICAI. 12. Apparently, the petitioner had filed a writ petition in respect of another complaint which had been pending enquiry for a considerable period time. The said writ petition (W.P. (C) 4873/2017) was dismissed by a Coordinate Bench of this Court on 29.05.2017. The petitioner appealed against the said decision by filing an appeal before the Division Bench of this Court (LPA NO. 440/2017 captioned Wholesale Trading Services P Ltd v. The Institute of Chartered Accountants of India & Anr.). The said appeal was disposed of by an order da....