M.M. Kumar, J. - (1.) THE instant appeal under Clause X of the Letters Patent is directed against a short order passed by the learned Single Judge on 15.9.2010. It has been observed in the impugned order that the writ petition was premature and the relief claimed was based on apprehensions and presumptions.
(2.) THE only argument raised by Mr. V.K. Jindal, learned Counsel for the Appellant is that an enquiry against the Appellant has been conducted by the Institute of Chartered Accountants of India (for brevity 'the Institute') and the same is subject to approval of the High Court under Section 21 of the Chartered Accountants Act, 1949 (for brevity 'the Act") because a reference in that regard is pending before the High Court. The Appellant has expressed a real threat to his reputation because the Respondent wish to put his name on the website of the Institute with disparaging remarks. During the proceedings of this appeal, we have asked Mr. Arun Nehra, learned Counsel for the Respondents to seek instructions whether the Institute is contemplating to publish the name of he Appellant by putting his name on the website of the Institute. Mr. Nehra has not been able to reply to the aforesaid query satisfactorily. Accordingly, we are left with No. option but to assume that the Respondent Institute wishes to put the name of the Appellant on its website with the remarks that after the enquiry by the Institute a reference is pending before the High Court. We fail to understand what the Institute wishes to achieve.
(3.) KEEPING in view the aforesaid facts, we are unable to accept that during the pendency of the proceedings which are yet to be finalised, the name of a professional can be put on the website tarnishing his image. Once it is conceded that a reference is pending and according to Section 21 (6) of the Act, it has to be assumed that the proceedings are yet to attain finality. It may be true that in the enquiry some findings have been recorded against the Appellant but still that would be subject to the final approval of the High Court. If the Institute is permitted to put the name of the Appellant on website then his reputation would be tarnished and he may suffer irreparable loss. It would be putting the cart before the bull.;