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2010 Supreme(Del) 759

S.MURALIDHAR
TALLURI SRINIVAS – Appellant
Versus
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA THROUGH: ITS SECRETARY – Respondent


Advocates appeared:
Mr. S. Ganesh, Senior Advocate with Mr. R. Sudhinder, Mr. Vibhu Bakru, Mr. Rahul Ravindran and Ms. Prerana Amitabh, Advocates.
Mr. Rakesh Agarwal with Mr. Pulkit Agarwal, Advocate for R-1/ICAI. Mr. Jatan Singh, CGSC for R-2/UOI. And W.P.(C) No. 5352 of 2010

JUDGMENT

1. Although the facts in these two writ petitions are slightly different, the questions involved are more or less similar. Both Petitioners, being the members of the Institute of Chartered Accountants of India (`ICAI'), i.e. the Respondent No. 1 in both the petitions seek to challenge a prima facie opinion dated 17th September 2009 arrived at by the ICAI and the disciplinary proceedings that have commenced consequent thereto. Both Petitioners seek a direction to the ICAI to keep the respective disciplinary proceedings against them in abeyance till the conclusion of the criminal cases against each of them. Factual Background

2. The Petitioner in Writ Petition (C) 2505 of 2010, Mr. Talluri Srinivas (`Srinivas') is a Chartered Accountant by profession and a member of the ICAI since 1990. Srinivas was a partner with M/s Price Waterhouse (`PW'), a firm of Chartered Accountants registered with the ICAI. In the year 2000, PW were appointed as the statutory auditors of Satyam Computer Services Limited (`SCSL'). While the statutory audits of SCSL for the years 2001 to March 2007 were conducted and the reports were signed by Mr. Subramani Gopalkrishnan (`Gopalkrishnan') (the Petit









































































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