The central legal point established in the judgment is the court's authority to transfer writ petitions to avoid conflicting decisions and multiplicity of exercises by different High Courts adjudicating upon the same question of law.

ORDER :

R.C. Lahoti, J. - By these petitions filed under Article 139-A of the Constitution, the petitioner herein seeks transfer of several writ petitions filed in different High Courts of the country either to this Court or to one of the High Courts so as to avoid possibility of conflicting decisions and multiplicity of exercise to be done by different High Courts adjudicating upon the same question of law.

2. The writ petitions filed in different High Courts lay challenge to the constitutional validity of Para 33 of Accounting Standards 22 framed by the petitioner Institute on the suggestions formulated by the Accounting Standards Board. Common questions of law arise for decision in all the writ petitions. The writ petitions have been filed and are pending in the High Courts of Gujarat, Madras, Karnataka and Calcutta.

3. It would be in the interest of justice as also for better convenience of the parties if all the writ petitions are directed to be heard by one High Court. We are not inclined to transfer all the writ petitions to this Court. We are informed at the Bar that the petitions before the Calcutta High Court are ready for hearing and in fact they were posted for final hearing but the hearing came to be adjourned awaiting the result of this transfer petition.

4. The transfer petitions are allowed. It is directed that the writ petitions, details whereof are given hereunder, shall stand transferred to the High Court of Calcutta to be taken up for hearing along with similar writ petitions pending in the High Court of Calcutta.

Particulars of writ petitions pending in different High Courts

High Court of Gujarat

1. Special Civil Application No. 6588 of 2002 titled as JK Paper Ltd. v. UOI.

High Court of Madras

1. Writ Petition No. 18827 of 2001 titled as First Leasing Co. of India Ltd. v. UOI.

2. Writ Petition No. 14285 of 2002 titled as Southern Petrochemical Industries Corpn. Ltd. v. UOI.

High Court of Karnataka

1. Writ Petition No. 25212 of 2002 (GM-RES) titled as Vikrant Tyres Ltd. v. Institute of Chartered Accountants of India.

5. The Registrars of the High Courts of Gujarat, Madras and Karnataka shall, soon on being communicated with a copy of this order, transmit to the High Court of Calcutta the record of the proceedings in the cases directed hereby to be transferred. The High Court of Calcutta shall register the writ petitions received there on transfer as civil original writ petitions in the High Court of Calcutta assigning the registration numbers consistently with the rules prevailing thereat. All the identical writ petitions shall be consolidated for hearing.

6. The parties in all the writ petitions are directed to appear before the High Court of Calcutta before the appropriate Bench seized of the hearing to obtain further directions and a date of hearing as soon as all the matters are ripe for hearing. The learned counsel for the parties have agreed that in view of the importance of the question arising for decision, the matters may be heard by a Division Bench of the Calcutta High Court and that too at an early date. We direct accordingly and request the Hon'ble Chief Justice of the Calcutta High Court to make directions in the matter of listing accordingly.

7. The transfer petitions stand disposed of. No order as to the costs. Let copies of this order be communicated to all the High Courts concerned.