9911796707
TMI Blog2023 (8) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... on the deposition made by the witnesses, the Committee was of the opinion that respondent was actively involved in business activities without obtaining prior permission of the Council. The Magistrate Court has acquitted respondent on the basis that there is no evidence that respondent had even opened those bank accounts. It is required to note that the acquittal is not on the basis of benefit of doubt being given to respondent but it is a clear case of acquittal on the basis that there is no evidence against respondent that he had opened these bank accounts or did what he was accused of. The Council was not correct in not accepting the acquittal by the Court of Metropolitan Magistrate, 25th Court, Mazgaon - Reference dismissed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the Regulations framed thereunder. In the alternative, he was also asked to send the relevant documents/particulars to the Institute so that the matter might be treated as information under Section 21 of the Act. The said Mr. Pandey, by his Department s letter dated 19th May 1992, stated that the matter be treated as information against respondent and also forwarded certain documents. Following that, the Institute addressed a letter to respondent on 1st September 1992 asking respondent to furnish his comments in the matter. Respondent replied vide his letter of 15th September 1992 stating that as the matter was in Court, he would not wish to interfere with the same by making comments thereon. 3. Subsequently, the Institute conducted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es levelled against him because the Committee is conducting an enquiry as to whether respondent has violated any of the provisions of the Act. 5. Respondent is unrepresented today and Ms. Kothari filed an affidavit of one Syed Riaz Ali affirmed on 7th August 2023 to state that respondent was not available at his last known address. Ms. Kothari also submitted that earlier attempts to serve even the enquiry report had failed. Infact the reference also clearly states that the report had also not been served upon respondent. 6. We have heard Ms. Kothari and also considered the report. The entire basis is that the bank account opening forms were signed by respondent in respect of the concerns and based on the deposition made by the witness ..... X X X X Extracts X X X X X X X X Extracts X X X X
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