1987 (10) TMI 52

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.... minutes of the Order and the petitions were adjourned to 18th September, 1987 for that purpose. Thereafter the petitions only reached hearing on 8th October, 1987 and were adjourned to 9th October, 1987. On 9th October, 1987 the Respondents pointed out orally to the Court the facts now stated on affidavit. The Respondents were directed to put these facts on affidavit and the Petitioner was directed to remain present in Court on the next occasion. The petitions were therefore adjourned to 12th October, 1987. On the 12th October, 1987 the Petitioner did not turn up in Court and the facts being prima facie gross, a bailable warrant was issued against the Petitioner and the petitions adjourned till today. Copies of the affidavits filed by the ....

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....Petition No. 744 of 1987 (filed in February, 1987). It is pertinent to note that Petitions Nos. 2228 of 1986 and 744 of 1987 which are filed in September, 1986 and February, 1987 are filed by the said Kumar Prabhulal Shah as the sole proprietor of Shah & Co. whereas Petition No. 174 of 1987 which is filed in January, 1987 is signed by him as a partner of Shah & Co. and the firm is described as partnership firm. In all the present petitions averments have been made that the Petitioners have not filed any other petition in this Court in respect of the subject matter of the said petition. Prima facie it would appear that the statement has been made knowing the same to be false as in all these petitions in order to induce this Court to pass an ....

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.... against the Petitioners and that the same is to proceed. 5. From the above, it would seem that, at least prima facie, that the Petitioner has - (a)    made in this Court claims which he knows to be false and that the same are made fradulently and/or dishonestly; (b)    made an attempt to obtain an Order from this Court for a sum of money not due to the Petitioners; and (c)    perjured himself by making false statement on oath and it is absolutely necessary that an enquiry be instituted. 6. Thus office is directed to issue a show cause notice against Kumar Prabhulal Shah as to why prosecution should not be launched against him for offences under Sections 191 and 209 of the I.P.C. a....