TaxTMI 
TaxTMI 
2023 (5) TMI 250
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....e on record. This application under Section 482 Cr.P.C. has been filed by applicant to quash the summoning order dated 14.10.2021 as well as consequential proceedings arising out of Complaint Case No. 12198 of 2019 by the learned SCJM, Meerut as well as the entire proceedings arising out of Criminal Complaint No. 6429 of 2019, filed before the learned SCJM, Meerut, District Meerut by the complainant under Section 452 of the Companies Act, 2013. Opposite party no. 2 is said to have filed a complaint against the applicant under Section 452 of the Companies Act, 2013 alleging therein that the applicant is in illegal possession of the Office cum-guest house since the year 1987 whereupon learned Magistrate after recording the evidence summoned ....
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....K Modi and Shri. UK Modi, sons of Late Shri G. M. Modi) and for the purpose of said division a Memorandum of Understanding (MoU) was entered into between the two Groups of the Modi Family, which was reduced to writing and signed on January 24th 1989. This MOU of 1989 was duly acted upon not only by members of both Group A and B but also by the Financial Institutions and the Board of Directors of the Modi Group of Companies. Accordingly the Board of Directors of various Modi Group Companies passed resolutions recording the resignations and appointments in terms of the last part of the para 6 of the MOU of 1989 pursuant to which the the ownership, management and control of the companies, shares, societies, subsidiaries, properties, trusts, di....
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....ompany but the said leased property was used exclusively by any individual Modi as per the family arrangement and requirement which, existed as on that date. That there are various properties / houses which, were in the ownership / tenancy of companies which have fallen into the share of Group A of the Modi Family but the possession of the same was with a Group B member and therefore the said Group B member is till date, without any obstruction or hindrance enjoying the peaceful possession of the said property / house and none of the remaining constituents of Group A have ever raised any objection to the same. It is contended by learned senior counsel that the learned Special CJM vide the impugned summoning order dated 14.10.2021 has taken....
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.... Industries Limited for a period of 99 years w.e.f 01.-11-1976, the land measuring 11.181 sq.feet situated in Civil Lines, Modinagar, Ghaziabad for construction of Office cum Guest House of the Company. It is further submitted that the houses occupied by each Modi will continue with them. The Houses which are on lease, the expenses thereof will be met by the companies in which that Modi is managing and the houses owned by the Company will be transferred at price fixed by the valuer to the company in which that Modi is managing. It is further submitted by learned counsel for the complainant that the impugned order has been passed after considering the entire facts of the case and the court below has recorded its prima facie satisfaction, th....