TaxTMI 
TaxTMI 
2014 (5) TMI 120
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.... the convict vacates the quarter on or before 30.11.2013, the fine amount will not be recovered; in default of payment of fine, the convict was to undergo SI for 6 months; there was a further direction that in case the convict fails to deliver the vacant and peaceful possession of the quarter to the complainant within time and she also fails to deposit the fine, she would undergo SI for a period of 1 year. 4. The impugned judgment on 21.01.2014 had extended the period for vacation of the quarter by a period of 30 days; the quarter had to be vacated by the petitioner on or before 20.02.2014. 5. The facts as emanating from the record shows that M/s Texmaco Limited (respondent No. 1) had instituted complaint No.1286/2003 under Section 630 of the Companies Act. The allegation was that on 01.11.1976, late Partap Giri, father of petitioner had joined service of M/s Birla Cotton Spinning and Weaving Mills Ltd. (hereinafter referred to as the 'Mill') and on 28.12.1978 had been allotted quarter No.47-A, Shivaji Lines, Shakti Nagar in his capacity as an employee of the Mill. The Mill has since been closed w.e.f. 30.11.1996. There was an application to handover the vacant and peacef....
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....Submission being that no such order has been placed on record and as such the complaint itself (filed by M/s Texmaco Limited) is void ab initio as M/s Texmaco Limited did not have the locus standi to file the complaint; the father of the petitioner was not an employee of M/s Texmaco Limited. The second submission of the learned counsel for the petitioner is that Crl. Appeal No.1214/2012 titled as "Texmaco Ltd. v. Mahavir" is pending in which locus standi of M/s Texmaco Limited to institute complaints against ex-employees is under question and till that appeal is decided, this matter also cannot attain a finality. 11. Arguments have been refuted. Learned counsel for the respondent has placed on record the approval granted by the Kolkata High Court evidencing the fact that the scheme of arrangement dated 03.01.1983 passed by the Delhi High Court in Company Petition No.59/1982 merging the two companies i.e. the said Mill with M/s Texmaco Limited. The assets and liabilities of the said Mill had been taken over by M/s Texmaco Limited, the transferee company. Submission being that in this view of the matter, M/s Texmaco Limited was well within its right to file the present complaint as ....
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..... It is on this touchstone that the arguments of the respective parties have to be appreciated. 17. Before delving into the submissions of the parties, the provisions of Section 630 of the said Act under which this conviction has followed are necessary to be examined. Section 630 of the said Act reads as under:- "630. Penalty for wrongful withholding of property. (1) If any officer or employee of a company- (a) wrongfully obtains possession of any property of a company; or (b) having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the articles and authorised by this Act; he shall, on the complaint of the company or any creditor or contributory thereof, be punishable with fine which may extend to one thousand rupees. (2) The Court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the Court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for a term which may extend to two years." 18. Section 630 of the said Act had been engrafted in the Legi....
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....3 passed in Company Petition No.59/1982 has been approved by the Kolkata High Court on 20.12.1982. 20. This scheme of arrangement has been proved as Ex.PW-1/4. It clearly shows that M/s Texmaco Limited has become the owner of the quarter in question as also the employer of the father of the petitioner; all rights and liabilities of the transferor company stood vested with the transferee company i.e. M/s Texmaco Limited. 21. Relevant extract of the said scheme is reproduced here as under:- "Weaving Mills Textiles as well as quarter in question. 1. That all the property, rights, and powers of the said transferor company specified in the first, second and third parts of the Schedule II hereto and all the other property, rights and powers of the said transferor company be transferred without further act or deed to the said transferee company and accordingly the same shall, pursuant to section 394(2) of the Companies Act, 1956, be transferred to and vest in the said transferee company for all the estate and interest of the said transferor company for all the estate and interest of the said tra....