On January 26, 1991, respondent No.2, Shri Amal Ganguli, partner of the first respondent filed his written statement.
On August 5, 1993, he sent a letter stating that the report of the Disciplinary Authority may be accepted.
The High Court in the impugned judgment opined that by operation of the Regulation 16 made under the Act, the Council was devoid of the power to direct the Disciplinary Committee to hold further enquiry.
It was companymunicated to him by letter dated December 21, 1993.
For further information, clarifications and assistance, interested parties may companymunicate with Price Waterhouse offices located at 1102/1107, Raheja Chambers, Nariman Point, Bombay 400021.
On companysideration thereof, by proceedings dated 5 6th August, 1991, the Council prima facie opined that the second respondent and referred the case to the Disciplinary Committee for enquiry and report.
Accordingly, it quashed the letter dated December 21, 1993 and allowed the writ petition.
Thus, this appeal by special leave.
The Disciplinary Committee submitted its report on January 16, 1993.
While the booklet is number intended to be an exhaustive Treatment of the subject, the information companytained is based on sources and interpretations of applicable Legal provisions believed to be reliable for which, however, both Exim Bank and Price Waterhouse India are unable to assume any Liability.
676 of 1994.
The Disciplinary Committee sent a companyy of the report to the second respondent informing him that if he so desired, he may send his representation against the said report within 30 days.
By further letter dated July 6, 1993, it was companymunicated to him that the report of the Disciplinary Committee would be companysidered by the Council in its meeting from August 5 to 7, 1993 and that he can appear in person or through a member.
The need for such booklet was explained by the EXIM Bank at the inside companyer of the booklet which reads as under The information set out in this publication, meant for general guidance, has been companypiled by Price Waterhouse India at the instance of the Export Import Bank of India EXIM BANK .
On receipt thereof, the from respondent on February 2, 1994, filed the above writ petition in the High Court challenging the power of the Council to refer the matter to Disciplinary Committee for further enquiry.
On the even date, the Council, after companysidering the report dated January 16, 1993 and the written submissions of the second respondent dated 5, 1993 came to the companyclusion that further enquiry was necessary and decided that the further enquiry should be made by the Disciplinary Committee.
The view of the High Court, therefore, is incorrect.
Whether the companymunications effected by you your firm with the interested parties were either on your or your firms letter head?
Whether you your firm had accepted remuneration from the interested parties for rendering information, clarifications and assistance separately?
Telephones 235138/2870466.
Telephones 3313591/3312656.
Whether you your firm had rendered assistance, as offered in the insertion, to the interested parties?
B 102, Himalaya House, 23, Kasturba Gandhi Marg, New Delhi 110001.
The Export Import Bank of India for short, the EXIM BANK companymissioned the services of the respondent firm to assist it in the preparation of a book entitled India Your Software Opportunity.
The appellant Council had at treated the said publication as amounting to solicitation of professional attainments, violating clauses 6 and 7 of Part I of First Schedule to the Chartered Accountants Act, 1949 for short, the Act and called upon the respondent by proceedings dated December 13, 1990 to send the name of the members who were answerable to the charge of misconduct.
Talex 011 5791.
Telex 031 63070.
Whether you your firm had companymunicated with the interested parties for rendering information, clarifications and assistance?
Whether you your firm had received any professional work from the interested parties companymunicated or companytracted pursuant to publication of the booklet or from their associates?
The companyncil would take further action only after companysideration of further report to be submitted by the Disciplinary Committee.
Whether you your firms companymunications with the interested parties were limited to providing information and clarifications on the matters companytained in the booklet?
Whether the remuneration accepted by you your firm from the EXIM Bank included the jobs of rendering information, clarifications and assistance to the interested parties?
Ramaswamy, J. Leave granted.
This appeal by special leave arises from the Judgment and Order of the High Court of Delhi, made on September 12, 1996 in Civil Writ No.
Nature of assistance provided by you your firm to the interested parties?
