The Madras High Court once again dismissed the CA’s plea seeking to direct the Institute of Cost Accountants of India to use the acronym ICOAI instead of ICAI.
The petitioner, V.Venkata Sivakumar on an earlier occasion, filed petition against the very same respondents namely Institute of Cost Accountants of India and Institute of Chartered Accountants of India praying for issuance of a writ of mandamus, directing the the Institute of Cost Accountants of India, Kolkata, to comply with Section 2(2) of the Cost and Works Accounts Act, 1959, as amended and desist from encroaching into the domains earmarked for the Chartered Accountants
The petition further seeks direct the Union of India, Ministry of Corporate Affairs to ensure that the Acronym ICAOI be used instead of the Acronym ICAI which belongs to the Chartered Accountant as per the decisions of the Hon’ble Supreme Court in Sathyam Infoway Vs. Sifynet Solutions Private Limited.
Earlier, the division bench headed by the Chief Justice A.P. Sahi rejected the first plank and held that no case is made out for the exercise of discretionary jurisdiction by this Court on account of the use of the acronym ICAI.
The division bench of Justice M. Sathyanarayanan and Justice R.Hemlatha while dismissing the petition stated that the petitioner under the garb of this litigation, wants to reopen the issue which has already been concluded in the order passed in which came to be confirmed by the judgment and as such, this Court is unable to come to the aid of the petitioner/party-in-person.
“If the petitioner/party-in-person is so advised and if it is available to him under law, he is at liberty to invoke the provisions of the Right to Information Act, before the concerned Public Information Authority to know about the fate/stage of the representation dated 25.06.2020 submitted by the Institute of Cost Accountants of India,” the court said.
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