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2000 Supreme(Del) 55

C.M.NAYAR
ANIL AGARWAL – Appellant
Versus
INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA – Respondent


Advocates Appeared:
Amit Khemka, C.S.VAIDYANATHAN, JAYANT TRIPATHI, K.K.JAIN, SHIVRAM JOSHI

C. M. NAYAR, J.

( 1 ) THIS judgment will dispose of two writ petitions, C. W. P. No. 6426/99 and C. W. P. No. 4139/99 as common questions arise for consideration.

( 2 ) THE petitions have been filed lender Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the letters dated 20th May, 1999 and subsequent communication dated 19th June, 1999 respectively. By these communications the Institute of Chartered Accountants have rejected the plea of the petitioners to pass no confidence motion against the Chairman of the Northern India Regional Council (for short NIRC) of the Institute of Chartered Accountants of India. The communications dated 20th May, 1999 and 19th June, 1999 may be reproduced as below :- "may 20,1999. Shri Praveen Kumar Bansal, Secretary, Northern India Regional Council of The Institute of Chartered Accountants of India, I. P. Marg, New Delhi-110002. Dear Sir, The Central Council in its meeting held from 15th-17th May, 1999 at Mumbai considered the matter related to "no Confidence Motion" against the office bearer/s of the Regional Councils and reconstitution of the Committee (s) of the Regional Councils before expiry






















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