KUALA LUMPUR: The High Court today allowed an accountant cum auditor an ad-interim injunction against the Malaysian Institute of Accountants (MIA) and two others, suspending disciplinary proceedings against him.
Justice Nik Hasmat Nik Mohamad granted A Sundarasan a restraining order until June 14 pending an inter partes injunction hearing on the same day.
Lawyer R Thayalan, who was assisted by Pannirselvam Mannar, said the judge granted the ex-parte ad-interim injunction following an online hearing.
Yesterday, Sundarasan filed a suit against MIA, its practice review committee chairman Soo Hoo Kean Yean and the MIA registrar, who were all named defendants.
He is challenging the validity of MIA by-laws which regulate the profession and says they must be approved at an annual general meeting.
Sundarasan said the present by-laws were created by the MIA council.
In 2021, he was subjected to disciplinary proceedings for not revealing confidential data of clients during a practice review exercise by MIA.
He said he was reluctant to do so as he did not obtain clients’ consent.
Last December, an MIA investigating committee dismissed the complaint by the practice review committee chairman.
However, the new committee chairman, Soo Hoo, filed an identical complaint against Sundarasan in March.
Sundarasan wrote to the MIA registrar calling for the withdrawal of the complaint, which he said was made in bad faith. He also said the proceedings were tantamount to double jeopardy.
However, the registrar informed the plaintiff of his decision to proceed with the complaint, resulting in Sundarasan filing the suit.
Sudarasan is seeking declarations that the present by-laws are null and void and that the complaint notice issued against him in March is unenforceable. - FMT
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