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Bombay HC Closes ICAI Disciplinary References After CA Offers Permanent Membership Surrender

Case Law Details

TaxGuru Citation
2026 taxguru.in 17837
Case Name
Institute of Chartered Accountants of India Vs B.P. Shroff (Bombay High Court)
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Institute of Chartered Accountants of India Vs B.P. Shroff (Bombay High Court)

Summary: The Bombay High Court, in The Institute of Chartered Accountants of India Vs B.P. Shroff, confirmed that the membership of Chartered Accountant B.P. Shroff in the Institute of Chartered Accountants of India (ICAI) had been cancelled and his name removed from the Institute’s Register of Members. The Division Bench comprising Justice B.P. Colabawalla and Justice Farhan P. Dubash passed the order on 26 October 2026 in Chartered Accountant Reference No. 21 of 2007, heard along with Chartered Accountant Reference No. 22 of 2007 concerning V.K. Karla FCA and another respondent. The Court recorded that both references had already been disposed of on 9 October 2026 but were subsequently listed for directions concerning compliance with the earlier order.

The Court noted that B.P. Shroff had previously submitted an application dated 8 October 2026 seeking cancellation of his membership. Subsequently, he requested the ICAI to cancel that application and informed the Court that he would submit a fresh application on 9 October 2026 seeking cancellation of his membership and removal of his name from the Register of Members. This undertaking had been recorded in the Court’s earlier order dated 9 October 2026.

However, despite his efforts to submit a fresh application on 9 October 2026 and thereafter, Shroff was unable to complete the process because the ICAI had not treated his earlier application as cancelled. The difficulty continued until approximately 15 October 2026, when the Institute approved his original application bearing Reference No. MSR 75738 dated 8 October 2026. Consequently, his ICAI membership stood cancelled and his name was removed from the Register of Members.

During the hearing on 26 October 2026, counsel appearing for the ICAI, Ms. Priyanka Kothari, confirmed these developments on instructions from the Institute. The High Court accepted the confirmation and held that the statement made by B.P. Shroff, as recorded in its earlier order dated 9 October 2026, would be deemed to have been complied with. The Court further directed that all concerned parties could act upon a digitally signed copy of the order transmitted by fax or email.

FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT

1. Mentioned. With the consent of parties, taken out of turn.

2. Though both the above References were disposed of by this Court on 9th October 2026, they have been placed on board for directions today for the reasons set out later in this order.

3. As more particularly recorded in our order dated 9th October 2026, Mr. B.P. Shroff had made an application to the Petitioner – Institute seeking cancellation of the earlier application that he had made on 8th October 2026 and it was on that basis that he made a statement which came to be recorded in our said order that, he would be making a fresh application seeking cancellation of his membership and removal of his name from the Register of members of the Petitioner – Institute in the course of that day, viz. 9th October 2026.

4. After the said order was passed, it appears that despite the best efforts made by Mr. B.P. Shroff to make such fresh application on 9th October 2026 and even thereafter, he was unable to do so because the Petitioner – Institute had not treated his earlier application as cancelled. This position continued till about 15th October 2026 when the said earlier application bearing Reference No. MSR 75738 dated 8th October 2026 came to be approved by the Petitioner – Institute. Accordingly, Mr. B.P. Shroff’s membership in the Petitioner – Institute now stands cancelled and his name has been removed from the Register of members of the Petitioner – Institute.

5. On instructions of the Petitioner – Institute, this position has also been confirmed by Ms. Priyanka Kothari, learned Counsel who appears on behalf of the Petitioner – Institute before us today.

6. Accordingly, the statement made by Mr. B.P. Shroff, as more particularly recorded in our said order dated 9th October 2026, is now deemed to be complied with.

7. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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Author Info

CA Sandeep Kanoi
Qualification: Graduate, CA in Job / Business, DD
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 23,617

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