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2017 Supreme(All) 819

PANKAJ MITHAL, UMESH CHANDRA TRIPATHI
IN THE MATTER OF THE CHARTERED ACCOUNTANTS ACT, 1949 – Appellant
Versus
CA. SATISH KUMAR GUPTA – Respondent


Advocates Appeared:
Vinod Swaroop for the Applicants; S. Khan, Krishna Agrawal and Murtuza Ali for the Respondent.

JUDGMENT

By the Court.—This is a reference under Section 21 (5) of the Chartered Accountants Act, 1949 in respect of a Chartered Accountant Satish Kumar Gupta of Ghaziabad who has been held guilty of “other mis-conduct” falling under Section 22 read with Section 21 of the Act by the disciplinary Committee of the Council of the Institute of Chartered Accountants of India by treating the letter of the Securities Exchange Board of India (SEBI) dated 1st August 2017 as information that the aforesaid Chartered Accountant has committed “other misconduct”.

2. As many as four charges were framed against him. The said charges inter alia were as follows :

(i) The Chartered Accountant described himself as having over all control of the management of Brahaspati Finance Limited (in short BFL) in its prospectus even though he had resigned as its Director prior to opening of the public issue;

(ii) He has lent his name to the prospectus issued in connection with public issue of BFL thereby misleading investors and inducing them to subscribe to its shares;

(iii) He had made a mis-statement in prospectus and had mislead SEBI by providing a forged Chartered Accountant Certificate; and

(iv) If any of t

























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