- (1.) HEARD learned counsel for the petitioner on the application for condonation of delay (I.A. No. 648 of 2012). In view of the reasons stated in the application for condonation of delay, the delay in filing the present application is condoned. I.A. No. 648 of 2012 stands allowed.
(2.) THIS Review Application (Civil Review No. 18 of 2012) has been filed by the Institute of Chartered Accountants of India pointing out that in the order dated 16th November, 2011 disposing of the Civil Reference Case No. 1 of 2001, this Court has not specifically ordered about acceptance or rejection of the Reference sent to this Court.
(3.) WE have perused the order dated 16th November, 2011. In the order dated 16th November, 2011, it is specifically mentioned that according to the Institute of Chartered Accountants of India, the respondent against whom disciplinary action has been initiated and the matter has been referred to this Court as far back as in the year 2001, is now not practicing as Chartered Accountant and his name has been struck off from the roll of the members of the Institute of the Institute of Chartered Accountants of India because of his failure to deposit requisite fees and in spite of several notices, the respondent has not responded and is not in practice. Therefore, before Reference could have been accepted the respondent's name has already been struck off by the order of the Institute of Chartered Accountants of India. This Court also has taken note of the fact that in the order dated 16th November, 2011 that since the name of the respondent has already been struck off from the roll of the Institute of Chartered Accountants of India and ultimate the order can be passed in the Civil Reference is to debar the respondent from practicing, therefore, it was ordered that Civil Reference Case No. 1 of 2001 is disposed of with the order that in case the respondent applied for renewal, revival or re -registration of his name for practicing as Chartered Accountant before the Institute of Chartered Accountants of India, then it shall submit appropriate application to this Court for recalling of this order and shall not pass any order of renewal, revival or re -registration of the respondent, so as to allow him to practice as Chartered Accountant without leave of this Court. In support of his contention, learned counsel for the petitioner has relied upon the judgment of High Court of Delhi passed in Chartered Accountant Reference Case No. 1 of 1998 dated 4th September, 2000 (Council of the Institute of Chartered Accountants of India Vrs. A.P. Gupta) and another case of Delhi High Court in Chartered Accountant Reference No. 2 of 2005 dated 23rd October, 2007 (Council of the Institute of Chartered Accountants of India Vrs. Deepak Parti, FCA).;