ANIL JAIN & CO Vs. INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND OTHERS
HIGH COURT OF UTTARAKHAND
Anil Jain And Co
Institute Of Chartered Accountants Of India And Others
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(1.) Heard learned counsel for the parties.
(2.) This petition has been filed by the petitioner against the judgment and order dated 31.05.2005 passed by the District Judge, Haridwar in Misc. Appeal No.39 of 2005 and Misc. Appeal No.42 of 2005, by which the learned District Judge, Haridwar has allowed the appeals filed by the respondents and order passed by the trial Court dated 16.03.2005 has been set aside.
(3.) Facts, giving rise to the present petition, are that the petitioner instituted Original Suit No.127 of 2003 in the Court of Civil Judge (Senior Division)/ Ist F.T.C., Haridwar, for declaration and permanent injunction. In the said suit, following reliefs were sought:-
"(i) That a decree for declaration may kindly be passed in the favour of the plaintiff and against the defendants No.1 to 4 thereby declaring that complaint dated 27.1.2001 filed by PICUP in respect of alleged certificates dated 10.7.1997, 21.7.1997 and 25.7.1997 belonging to defendant No.5 are illegal, invalid, inoperative and ineffective against the plaintiff and enquiry initiated by the defendant No.1 to 4 under section 21 of The Chartered Accountants Act 1949 should be declared illegal and invalid, and is not binding upon the plaintiff.
(ii) That a decree for permanent injunction may also be passed in favour of plaintiff and against the defendant No.1 to 3 thereby restraining them from conducting or making further enquiry into the complaint against the plaintiff as made by the defendant No.4. In respect of the three alleged certificates dated 10.07.1997, 21.7.1997 and 25.7.1997 submitted by defendant No.5.
(iii) That the cost of the suit be awarded in favour of plaintiff against the defendants.
(iv) Any other relief which the Hon'ble court may deems just and proper in the circumstances of the case may also be granted to the plaintiff.";
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