The Hindu Business Line : `Lodhas plea on dismissal of plaint not maintainable'

The main tune of the affidavit of Institute of Chartered Accountants of India (ICAI) was that the writ petitions of Mr Rajendra Singh Lodha, Mr Harshvardhan Lodha and Mr Aditya Lodha against the Institute are not maintainable. In terms of the order of Mr Justice Jayanta Biswas of the Calcutta High Court on March 2, ICAI filed its opposition on March 9.

The Institute has stated that the petitions of Mr Lodha seeking dismissal of complaints filed by three city-based Chartered Accountants, alleging professional misconduct on the part of the Lodhas, are not maintainable as per the Chartered Accountant Act. There is no such provision in the CA Act for dismissal of the complaint, it is submitted.

The Institute further said in the affidavit that it was a statutory body and if any member lodges a complaint against any other member, the institute had set procedures to deal with the matter. The affidavit further stated that by this procedure, the Lodhas were directed to file their written statements to the complaint. On the allegation of Lodhas stating that Birlas were behind the complaint against them, the affidavit states that it was not the duty of the Institute to pry into anybody's personal matter and that it had no power to adjudicate on such alleged provocation by the Birlas.

The institute is an independent body, set up to protect the individual identity of its members. The affidavit sought dismissal of the writ petition.

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