Institute Of Chartered Accounts v. Manoj Tibrewal

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.233 of 2015 The Institute of Chartered Accountants of India, New Delhi ....

Appellant Mr. Baibaswata Panigrahi, Advocate Mr. S. Sharma, Advocate -versusManoj Tibrewal and others ....

Respondents

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

29.08.2022 07.

1. During pendency of the present writ appeal for the last seven years there has been no stay of the impugned order dated 13th February, 2015 of the learned Single Judge which required the Appellant Institute to examine the grievance of the writ Petitioner and take a decision "in accordance with law" after hearing to the Petitioner and the party against whom the complaint was made.

2. The expression "in accordance with law" obviously meant that the Institute had to follow its own procedure as per the statute governing its functioning. It transpires that although the Institute initiated the proceedings under the statute, it did not conclude those proceedings on specious ground that the 'lis', meaning the present writ appeal, was pending. There being no interim order in the present writ appeal, nothing prevented the Institute from completing the enquiry as per its statute.

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3. Consequently, the Court finds no reason to whatsoever to interfere with the impugned order of the learned Single Judge. The writ appeal is dismissed.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge KC Bisoi