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IN THE HIGH COURT OF DELHI AT NEW DELHI
  W.P.(C) 2815/2014 and CM APPL. 5836/2014

  
INSTITUTE OF CHARTERED  ACCOUNTANTS OF INDIA ..... Petitioner
Throgh: Mr. A.N. Haksar and Mr. Ramji Srinivasan, Senior Advocates with  Mr.Tarun Gulati, Mr. Neil Hildreth,  Mr. Abeer Kumar and Ms. Shruti  Sabharwal, Advocates.

versus

THE COMPETITION COMMISSION  OF INDIA AND ORS ..... Respondents
Through: Mr. Balbir Singh, Advocate, Mr. Abhishek Singh Baghel, Advocate for respondents No.1, 3 and 4. Dr. Vijay Kr. Singh and Mr. Kamal  Sultanpuri, DD (Law).

CORAM:
HON'BLE MR. JUSTICE MANMOHAN

ORDER
   05.05.2014

Petitioner-institute challenges the order dated 28th February, 2014 as well as the letter dated 30th April, 2014 and notice dated 17th April,   2014 as being contrary to the Competition Act, 2002 and the Chartered   Accountants Act, 1949.

Mr. A.N. Haksar, learned senior counsel for petitioner submits  that petitioner-institute cannot be subject to jurisdiction of respondent  No.1 under the Competition Act when it is discharging its regulatory and  statutory functions under the Chartered Accountants Act. He further  submits that the impugned order, notice and letter are contrary to the Division Bench judgment of this Court in The Institute of Chartered  Accountants of India and Anr. vs. The Director General of Income Tax  (Exemptions), Delhi and Others being W.P.(C) 3147/2012 wherein it has  been held that petitioner-institute does not carry on any trade, business  or commerce.

Mr. Haksar, learned senior counsel for petitioner further submits  that respondent No.1 failed to appreciate that petitioner-institute is  merely ensuring maintenance of high standards of professionalism of its  members through a continuing educational programme.
  
Issue notice.

Mr. Balbir Singh, learned counsel accepts notice on behalf of respondents No.1, 3 and 4. He prays for and is granted four weeks to file a counter affidavit.

Rejoinder affidavit, if any, be filed before the next date of  hearing.

Issue notice to respondent No.2 by way of speed post.

List the matter before Registrar for completion of service and  pleadings on 25th July, 2014.
  
In the meantime, as an issue of jurisdiction is involved, this  Court stays the impugned order dated 28th February, 2014.

Registrar is directed to list the matter before Court after service and pleadings have been completed.

Order dasti.

MANMOHAN, J
MAY 05, 2014

Related Update:
Competition Commission Order dated 28-02-2014 Click Here >>
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