1991 (3) TMI 333

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The petitioners in all these matters are respectively accused in C.C. Nos. 115 to 118 of 1991 on the file of the Chief Judicial Magistrate, Coimbatore, facing prosecution for the alleged offence under section 630 of the Companies Act, 1956, for wrongful withholding of the premises of Shri Janarthana Mills Limited, Uppilipalayam Post, Coimbatore 641 015, the respondent herein (allotted to them duri....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the criminal proceedings initiated against them. Learned counsel appearing for the petitioners would vehemently contend that, in the face of the orders of the civil court for maintenance of the status quo in the civil suit filed by them, the proper course to be adopted is that the prosecutions launched before the criminal court are liable to be quashed, inasmuch as it is the established law tha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e for the benefit of their successors. There is no question of any relationship of landlord and tenant in such cases. It is rather obvious that the civil court before which a suit appears to have been filed for a bare injunction, on the basis of the claim of tenancy, does not appear to have been properly apprised of the legal position arising from the factual foundation of the petitioners having b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....one on hand arose for consideration in the case in Krishan Avtar Bahadur v. Col. Irwin Extross [1986] 59 Comp Cas 417 (Bom.) wherein a learned judge of the Bombay High Court expressed (page 426) : "The plea of tenancy is not at all open on the facts of this case. The flat in question belonging to the company was occupied by the petitioner during the term of his employment with the company and h....