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TMI Blog2017 (3) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... s/R8 & R9 in Form-I under sub-rule (1) of Rule 3 of the Chartered Accountants (Procedure of investigation of professional and other misconduct and conduct of cases) Rules, 2007 read with Section 21(3) of the Chartered Accountants Act, 1949 and to investigate into the allegations levelled against the Applicants/R8 & R9, if found correct, appropriate action be taken against them. The complainant is directed to provide the said documents including e-mail dated 23.08.2016 in triplicate before the Director (Discipline) of the Institute of Chartered Accountants of India by making payment of the fees prescribed. Accordingly, the Company applicant is disposed of. - CA NO. 26 OF 2016 TCP NO. 197 OF 2016 C.P. NO. 91 OF 2015 - - - Dated:- 7-2-2017 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (c) Form INC 22 for shifting of the Registered office; (d) The 2nd Applicant/9th Respondent certified PAS3 for issue and allotment of shares to 3rd and 6th Respondents on 30.09.2015; 3. The Petitioner alleged that the Applicant/Respondent having not taken care and not acted with due diligence at the time of certification as per the declaration contained in the relevant form. As the same has been done without verification of the documents with mala fide intention by colluding with 2nd Respondent for personal gain and have falsely certified the forms filed with the Registrar of Companies with an intention to defraud. Based on these allegations, the petitioners have arrayed the Applicants/R8 R9 as Respondents in the petition and prays ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n wherein it has been denied that there is any mala fide intention to defame the Applicants/Respondents 8 9 in any manner and contended that the intention of the Respondent/Petitioner, Respondent/Respondent-1 is to prove that the illegal elements and the removal of 7th Respondent as Director were done with the help of the Applicants/Respondents 8 9. The Applicants/Respondents 8 9 were aware that they have committed fraud and it is the duty of the Respondent/Petitioner and Respondent/Respondent-1 to bring to the notice of this Bench, the professional misconduct on the part of the Applicants/Respondent 8 9 and to seek a direction to the ICAI to initiate proper action against Applicants/Respondents 8 9. The Respondent/Petitioner, Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the Institute of Chartered Accountants of India will ultimately be dashed to ground. The counsel for R2 in the company petition has, during the course of arguments, also submitted that the Chartered Accountants Act, 1949 and the Rules made thereunder provide a clear procedure for taking disciplinary action against the erring Chartered Accountants. Since an equally officious remedy is available under law there is no need to keep the applicants/R8 R9 as Respondents in the company petition. 6. Based on the arguments which have been submitted by both of the parties, we deem it appropriate to delete the names of Applicants/R8 R9 from the array of Respondents in the company petition and direct the Institute of Chartered Accountants o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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