2017 (3) TMI 751

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..... dents 8 & 9 are the practising Chartered Accountants having Fellow Membership No.032100 and 210062 respectively. The Applicants pray in the application to exonerate them from being Respondent 8 & 9 in the company petition. 2. In order to ascertain the factual aspects we may turn to C.P.No.91 of 2015 that has been filed before the CLB and stood transferred to NCLT and renumbered as TCP No. 197 of 2016. In the petition under para 34 and 35 it has been stated the Applicant/Respondents 8 & 9 have, being Chartered Accountants, certified the documents without proper verification and without following the procedures laid down in the declaration contained in the certificates. To make it more specific, Applicant No. 1/8th Respondent certified the d .....

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..... f the information is found incorrect, it is the responsibility of the person concerned who provided wrong information. Therefore, they have duly complied with their professional duties and acted upon the code of conduct prescribed by the Institute of Chartered Accountants of India. The Applicants/Respondents 8 & 9 further contended that the matter pertaining to the professional misconduct should be dealt with by the disciplinary committee of the respective professional institutes. The Applicants/Respondents 8 & 9 have also made allegations against the Respondent/Petitioner that their array in the C.P. has been done with mala fide intention to defame the names of the Applicants/Respondents 8 & 9 and therefore, it will adversely affect their .....

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..... company activities. The e-mail is on record. The perusal of which further goes to show that the tone and tuner with which the communication has been written, appears to be contemptuous in nature, as the sending of any notice by the NCLT is questioned; whereas it is the primary duty of the NCLT to issue notice to the concerned for giving reasonable and fair opportunity of being heard in order to comply with the principles of natural justice. We are expressing displeasure over the way the notice of the NCLT is questioned. However, care has to be taken that our displeasure may not affect the merits of the case. 5. We have heard both the sides and have perused the pleadings and the record placed on file. The counsel representing the Applicants .....

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