Bombay High Court
YOGESH GORIversusTHE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA THR. DIRECTOR AND ORS
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The writ petition is dismissed for want of prosecution and the interim stay order is vacated.
Summary
Yogesh Gori filed a writ petition challenging a notice issued by the Institute of Chartered Accountants of India (ICAI) that sought to remove his name from the Institute’s register of members on the allegation that he had issued false certificates. The High Court earlier stayed the publication of the notice pending further hearing. The petitioner failed to appear or file any representation despite being given a final opportunity to do so. Consequently, the Court dismissed the writ petition for want of prosecution and vacated the earlier interim stay order. The interim application filed in 2024 was also marked as disposed.
Issues considered
- Whether the writ petition challenging the ICAI’s notice can proceed in the absence of the petitioner’s appearance
- Whether the interim stay order issued by the Court should remain in force when the petitioner fails to prosecute the petition
Subjects
- writ petition
- non-appearance
- dismissal for want of prosecution
- interim stay order
- Institute of Chartered Accountants of India
- professional misconduct
Judgment
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Salgaonkar
MANDIRA MILIND
SALGAONKAR
Digitally signed by MANDIRA
MILIND SALGAONKAR
Date: 2026.01.29 11:09:06 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5823 OF 2023
WITH
INTERIM APPLICATION NO.10513 OF 2024
Yogesh Gori .. Petitioner
Versus
The Institute of Chartered .. Respondents
Accountants of India through
Director & Ors.
…
None for the Petitioner.
Mr.Kanishk Kejriwal (through VC) with Mr.Amit Meharia,
Mr.Tannishtha Singh, Mr.Shubham Sawant, Mr.Tushar
Awasthi and Mr.Preet Dabre i/b Meharia & Co. for the
Respondent.
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATE : 28th JANUARY, 2026
...
P.C:-
1. None for the Petitioner.
2. On 14/01/2026, we passed the following order.
“1. None for the Petitioner.
The Petition raises a challenge to the issuance of Noti@cation by
Respondent No.2 directing removal of the name of the Petitioner
from the register of Members of the Institute of Chartered
Accountants for allegedly issuing false certi@cates.
2. By issuing notice on 27/04/2023, this Court had directed
Respondent Nos.2 and 4 not to publish the Noti@cation until the
next date and this order continue to remain in force.
2/2 5 wp-5823-23.odt
3. Though we have appearance on behalf of the Respondent Nos.1
and 2, the Petitioner has failed to mark appearance. By way of last
opportunity, we direct listing of the Petition on 28th January, 2026,
under caption 'For Dismissal'.
In the contingency, if the Petitioner fails to mark appearance on
the next date of hearing, we shall dismiss the Writ Petition by
vacating the interim order.”
3. Even today, in absence of the Petitioner or his
representation through a counsel, we dismiss the Writ Petition
for want of prosecution. Interim order stands vacated.
Interim Application No.10513 of 2024 also stands
disposed of.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
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