(1.) Institute of Chartered Accountants of India (hereinafter referred to as the Institute, fur short) has made this reference under Section 21(5) of the Chartered Accountants Act, 1949 (hereinafter referred to as the Act, for short) in respect of Shri Mahesh Taneja, FCA with the prayer that this Court may pass necessary orders in accordance with Section 21(6) of the Act.
(2.) Facts giving rise to the making of the reference are as follows:- A complaint dated 27/02/1991 was filed by Mrs. Sushma Shourie in which the allegations were made to the following effect:
(3.) On receiving this complaint by the Institute, a copy thereof was sent to the respondent wherein he was requested to submit his written statement. The above request was followed by three reminders but the written statement was not filed. In accordance with the provisions contained in Regulation 12(11) of the Act, the papers containing the complaint only were considered by the Institute as reply was not filed by the respondent. The Institute was of prima facie opinion that the respondent was guilty of professional and other misconduct and accordingly referred the case to the Disciplinary Committee for enquiry.