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2013 (10) TMI 407 - HC - Companies LawRemoval of membership - member of ICAI - professional misconduct - Confirmation of punishment - Held that:- complainant settled the matter with the complainant before Company Law Board and then wrote to the petitioner that he does not press his complaint against the contesting respondent, the disciplinary committee and the council were not justified in continuing with the proceedings as the very basis of the proceedings, i.e., the complaint on the basis of which the proceedings had been initiated, had become non-existent. It is not the case of the petitioner that the settlement reached before the Company Law Board and request of the complainant that he does not press the complaint were not in the knowledge of the disciplinary committee and the council. The two documents, in fact, form part of the report of the disciplinary committee. No reasons have been given for ignoring the settlement and as regards request of the complainant not to press the complaint - Neither the disciplinary committee nor the council has referred to the evidence on the basis of which the charge is stated to have been proved. Finding of the disciplinary committee and decision of the council, therefore, are found to be perverse and not backed by evidence - Appeal dismissed.
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