Our Legal Correspondent

Kolkata, Feb. 16

MR Justice Pranab Kumar Chattopadhyay of the Calcutta High Court on Thursday sent back three writ petitions filed by Mr R.S. Lodha and others to the Chief Justice for ascertaining jurisdiction, for taking up the matter in the present jurisdiction.

The Lodhas filed the petitions seeking a direction on the Institute of Chartered Accountants of India (ICAI) to hear the petition for dismissal of complaint filed by three city-based Chartered Accountants, i.e., Mr O.P. Agarwal, Mr Sashi Agarwal and Mr Suresh Sarma.

The Lodhas further sought a direction as to how the media got the context of the complaint before disposal by the ICAI, which has maligned their reputation as nationally present Chartered Accountant firm.

Counsel of the Lodhas argued that the complainants are set up by the Birla Group, as the Birlas referred to this complaint during hearing of appointment of administrator in the High Court, when the complaint was not even filed.

Counsel for ICAI argued that the court had no jurisdiction to hear the matter and that it had accepted this argument and sent the case back to the Chief Justice for fixing determination of a court which can hear the case. In July 2005, three Chartered Accountants alleged professional misconduct against Mr Lodha and his associates. The other complaint was with regard to the number of partners in the CA firm.

(This article was published in the Business Line print edition dated February 17, 2006)
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