https://www.taxtmi.com/caselaws?id=426645 A complaint under Section 630 of the Companies Act, 1956 cannot be maintained where the alleged wrongful withholding of property depends on a bona fide and unresolved civil dispute as to title or possession. The HC held that a Magistrate, acting in summary proceedings, cannot decide disputed questions of ownership, and that such controversies must be left to the civil court. As the record showed pending civil proceedings, status quo orders, and competing claims under a family arrangement, the summoning order was found to reflect non-application of mind. The criminal complaint and consequential proceedings were therefore quashed, leaving the parties to pursue their rights in civil proceedings. en-us Thu, 18 Aug 2022 00:00:00 +0530 Tue, 23 Aug 2022 08:20:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=426645 A complaint under Section 630 of the Companies Act, 1956 cannot be maintained where the alleged wrongful withholding of property depends on a bona fide and unresolved civil dispute as to title or possession. The HC held that a Magistrate, acting in summary proceedings, cannot decide disputed questions of ownership, and that such controversies must be left to the civil court. As the record showed pending civil proceedings, status quo orders, and competing claims under a family arrangement, the summoning order was found to reflect non-application of mind. The criminal complaint and consequential proceedings were therefore quashed, leaving the parties to pursue their rights in civil proceedings. Case-Laws Companies Law Thu, 18 Aug 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=426645