1999 (6) TMI 418

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....party No. 1, T.T.P. Mahmood was an employee of the Shipping Corpora- tion of India and under a written agreement the opposite party was allowed to occupy a flat of the said Corporation in his capacity as an employee on condition that he will have to vacate the flat and deliver possession of the same in favour of the Corporation on his retirement or removal or resignation from service. In due course the opposite party No. 1 retired from the service of the Corporation on 30-11-1992, but as in spite of such retirement and in spite of demand of the Corporation, the opposite party No. 1 did not deliver possession of the flat in favour of the Corporation, the Corporation filed a petition of complaint in the year 1993 under section 630 of the Comp....

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....all not be examined under section 313 of the Code of Criminal Procedure nor shall, judgment in the case under section 630 of the Companies Act, be delivered till the disposal of the concerned title suit being T.S. No. 88 of 1995 pending in that Court of the learned Second Munsif, Alipore. 3. It is contended on behalf of the opposite party No. 1 that since a civil suit for possession and damages is pending over the self-same matter the criminal proceeding should be quashed or be stayed till the disposal of the civil suit. It may incidentally be mentioned here that the opposite party No. 1 also filed a civil suit, as submitted, for his retiral benefits. Be that as it may, the question which is now required to be decided is whether the pend....

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....tion no doubt prima facie makes out a case triable under section 630. The Bombay High Court decision referred to by the learned advocate for the opposite party No. 1 no doubt deals with a case which was brought not only under section 630 but also under sections 120B/406 and 428 of the Indian Penal Code. But in that case the dispute was not between the Company and its employee. It was a dispute between two brothers. The perspective there was totally different from what it is obtaining in the present case where the employer-employee relationship between the parties at all material time is not in dispute. Prima facie the company has a cause of action against the opposite party No. 1 under section 630. The mere fact that they have also a remedy....