Tuesday, July 23, 2013

[aaykarbhavan] Fw: {Amresh's CA's} Playing with Judiciary!



 
Regards
Prarthana Jalan

----- Forwarded Message -----
From: Suneel Appaji FCA <appaji@appaji.com>
To: GlobalIndianCAs@yahoogroups.com; ICAI_CIRC_MEERUT_CA@yahoogroups.com
Sent: Tuesday, 23 July 2013 10:09 AM
Subject: {Amresh's CA's} Playing with Judiciary! [1 Attachment]

 
Dear All

I am beginning this email with true translation of a Telugu Quote - "After successfully swimming 7 seas with single leg, he died by falling into the open runnel in front of his house"

You may wonder why am I quoting this and I have a reason - That is ICAI - to be clear SIRC of ICAI

ICAI and its regional councils and its branches are functioning arbitrarily, violating all kinds of laws (a feeling of many a members) and not bothering to reply even the right ones.  Each time, some one or other have to approach the Judiciary and ICAI Management is bulldozing such actions by employing highly paid advocates as well as using official mechanism.

This has been true till the other day..............one person approached Supreme Court of India, a matter originated under RTI, and Supreme Court softly scolded the ICAI - Still ICAI Management has not bothered

Recently, as old as, less than 7 days,  Madras High Court has taken the ICAI - to task..............

  • One member filed a case to stay the AGM proposed to be held on 24/7/2013 being an aggrieved person............
  • as usual, ICAI advocates appeared and wanted the judge to here - "Advocate General" who was held up elsewhere
  • Judge Gave pass over and gave time 
  • As usual, "Advocate General" has not turned up.......
  • Advocates wants the hearing on the next day................A tactic always used in most of the "critical cases"by ICAI 
  • Normally, the Judiciary listens...........assuming .......after all the respondent is "Responsible" body came into existence through an act of Parliament 
  • But the petitioner (party-in-person) could educate the judiciary - about the "Tantrums" of respondents by oral submissions as well as proper in writing submissions of the affidavit...........
  • Judge understood - in my opinion-
  • and then came the result............stay granted
  • Advocates have not stopped there............requested for early release of order copy............
  • Judge stated, am told, clearly............wait for your turn as per procedure.............and then approach the division bench.........
  • Order copy was not there.............no posting yesterday and today...............tomorrow will be too late...........
  • means SIRC of ICAI AGM is stayed.............
till now SIRC has not informed members about stay.............the AGM is not announced to have been postponed..............people like me who have to go to Chennai from Hyderabad are in undecided as to our travel plans

one school of thinking - because the order has not come, will ICAI holds AGM of SIRC?
  • The advocates were present and they were told by the Hon'ble High Court that the AGM is stayed and they can approach division bench of the same court.........
  • knowledge of the advocates is knowledge of their clients............
  • if AGM is conducted, ICAI will be sued under "contempt of Court"
  • will ICAI go to that extent?
ICAI's action needs to be seen..................will an SM & email be sent now or never is my doubt

wait and see is my approach..........am reaching Chennai anyhow tomorrow morning.............

be careful - never play with judiciary

am attaching a copy received from some one stated to be the "verbatim" - great satisfaction I got when I read that - after reading the same the subject matter came to my mind.........Playing with Judiciary!
--
Suneel Kumar Appaji FCA
Knowledge Architect & Management Adviser
99893 10302, 90147 10302




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