COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA Vs. DEEPAK PART FCA
LAWS(DLH)-2007-10-96
HIGH COURT OF DELHI
Decided on October 25,2007

COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA Appellant
VERSUS
DEEPAK PARTI, FCA Respondents

JUDGEMENT

- (1.) THIS reference under Section 21 (5) of the Chartered Accountants Act, 1949 ('act') has been made by the Council of the Institute of Chartered accountants of India ('icai') in respect of Shri Deepak Parti, Chartered accountant, Delhi.
(2.) IN the Statement of Case it is stated that a complaint against Shri deepak Parti was made by Mrs. Lakshmi Rani Hazra, Kolkata in which, inter alia, it was stated that Shri Deepak Parti was Vice Chairman of a non-banking financial company known as M/s. Schematic Finance Ltd. ('sfl') in which the complainant and her son had made investment in a Super Flexi Note Scheme for 31 to 91 days. The cheques issued by SFL were returned dishonoured by the banks because of the withdrawal 'at Par Facility' from 7. 2. 1998 onwards. It appears that SFL closed down its Calcutta Branch Office and the cheques issued remained uncashed. Despite assurance from SFL that the money would be returned and payment would start from December, 1999, no money was received by the said complainant. It was further stated in the complaint that Shri Deepak Parti continued to use the CARE's highest safety rating in the application form issued by SFL despite the fact that CARE had withdrawn this safety rating from july, 1997 onwards. It was further stated in the complaint that cheques in the sum of Rs. 6,95,996/- was dishonoured by the Bank and also that the Respondent failed to comply with the Repayment Schedule Order issued by the Company Law board. Further it was stated that Shri Deepak Parti had cheated innocent depositors.
(3.) A copy of the complaint was sent to Shri Deepak Parti by a letter dated 15. 1. 2001 and a subsequent reminder was sent on 18. 2. 2002. Shri Deepak Parti did not send in his written statement. At a meeting held in April, 2003 in delhi, the Council formed a prima facie opinion that Shri Deepak Parti was guilty of professional and/or other misconduct and referred the matter to the disciplinary Authority constituted under the Act for enquiry.;


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