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2021 Supreme(MP) 298

VISHAL MISHRA
Ramakant Gupta – Appellant
Versus
Institute of Chartered Accountant of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prashant Sharma, Learned Counsel
For the Respondent: Sitikant Nayak, Learned Counsel

ORDER :

Vishal Mishra, J.

1. The present petition is being filed arising out of the order dated 10.2.2020 which was delivered to the petitioner vide covering letter dated 7.8.2020 received on 14.8.2020 passed by the Disciplinary Committee of the Institute of Chartered Accountants of India constituted under Section 21B of the Chartered Accountants Act, 1949 (in short "Act of 1949"). By the aforesaid order the Disciplinary Committee has observed that the petitioner is guilty of professional gross negligence and held him guilty for expressing opinion on financial status of company in which he was having substantial interest and it has been observed that the disciplinary committee is of the opinion that petitioner is guilty of professional misconduct as defined under the Chartered Accountants Act, 1949 and the petitioner was held guilty under clause (2) of Part IV of 1st Schedule and clause (4) and (7) of Part 1 of 2nd Schedule of the Chartered Accountants Act, 1949.

2. A preliminary objection has been taken by the respondents with respect to maintainability of the writ petition before the High Court of M.P. Bench at Gwalior on the ground of territorial jurisdiction. It is alleged that th

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