- 1 - NC: 2025:KHC-D:6106 WP No. 106623 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 106623 OF 2019 (GM-RES) BETWEEN: CHETAN S/O SOMESHWAR PADAKI, AGE: 40 YEARS, OCC: CHARTERED ACCOUNTANT, R/O: 3B, FIRST FLOOR, OSWAL TOWER, JUBILEE CIRCLE, P.B. ROAD, DHARWAD. … PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE ASSISTANT SECRETARY, DISCIPLINARY DIRECTORATE, THE INSTITUTE OF CHARTERED ACCOUNTANT OF INDIA, ICAI BHAWAN, I.P. MARG, NEW DELHI-110 002. 2. MADHUSUDAN DATTATREYA PISE, AGE: 50 YEARS, OCC: CHARTERED ACCOUNTANT, 216, 1ST FLOOR, 3RD CROSS, 7TH MAIN, VIDHANSOUDHA LAYOUT, LAGGERE, PEENYA, BENGLAURU-560 008. … RESPONDENTS (BY SRI. K.L.PATIL., ADVOCATE FOR R1; SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R2) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6106 WP No. 106623 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shriharsha A.Neelopant., counsel for the petitioner, Sri.K.L.Patil., counsel for respondent No.1 and Sri.Sangram S.Kulkarni., counsel for respondent No.2 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 12.12.2018 passed by respondent No.1 in PR-246/2015-DD/229/2015-BOD/274/2017 vide Annexure-A and to hold that respondent No.2 is guilty of professional misconduct as per clause 6 of part 1 of 1st Schedule to Chartered Accountants Act, 1949. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The short controversy is about the alleged solicitation by the second respondent. Suffice it to note that the - 3 - NC: 2025:KHC-D:6106 WP No. 106623 of 2019 second respondent is a Chartered Accountant by profession. A communication was issued by the society on 16.08.2014 requesting the petitioner to express his interest for the appointment of Chartered Accountant for the audit year 2014 and 2015. To the said request, the petitioner suitably replied on 03.09.2014. The contention of the petitioner is that the second respondent has not replied to the Society’s request, however, he requested the Society to appoint him as an auditor. The said contention cannot be accepted. The request letter of the Society and the reply given by the second respondent are furnished along with the Writ Petition and a careful perusal of the same depicts that a request was made by the Society and a suitable reply was given by the second respondent. Moreover, a complaint was raised by the petitioner and accordingly, an internal enquiry was conducted by the first respondent and on 12.12.2018, the Board of Discipline concluded that the second respondent was not guilty of “Professional Misconduct” falling within meaning of Clause (6) of Part I of First Schedule to the Chartered Accountants Act, 1949 and the Board passed an order for the closure of the case in terms of Rule 15(2) of the Chartered Accountants (Procedure of Investigations of - 4 - NC: 2025:KHC-D:6106 WP No. 106623 of 2019 Professional and Other Misconduct and Conduct of Cases) Rules, 2007. Therefore, it can be safely concluded that there was no solicitation of any kind. The Writ Petition is devoid of merits. 5. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 2 SL NO.: 48