Venkatarama Aiyar, J.- This is an application for leave to appeal to the Supreme Court against the Order passed by this Court in Referred Case No. 56 of 1951. Messrs. M.S. Krishnaswami and Jagannathan are a firm of Chartered Accountants and they were the auditors of a company called the Amalgamated Coffee Estates, Ltd., during the years 1946, 1947 and 1948. On 5th July, 1950, Messrs. Devar &38; Sons Ltd., preferred a complaint to the Council of the Institute of Chartered Accountants that the auditors had passed balance sheets which

“did not exhibit a true and correct view of the state of affairs of the company and were calculated to mislead whomsoever it concerned, more especially the debenture holders of the company.”

The complainants held considerable debentures in the company. On receipt of the complaint, the Council obtained the explanation of the petitioner who was the partner concerned with the balance sheets and sent the matter to the Disciplinary Committee for enquiry. The Committee took evidence and recorded a finding that the charges against the petitioner had been made out and that he was guilty of “acts and omissions,” which rendered him “unfit to be a member of the insti

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