TMI Blog1998 (11) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... as thus, become an owner of it. It is also significant to note that ABC was not the lessee of the flat and except for the permission granted by ABC Consultants (P.) Ltd. to it and the appellant, it has no right, title or interest in that flat. ABC Consultants (P.) Ltd. has not chosen to revoke the licence in favour of the appellant or take any action against him. In case of the appellant ceasing to be entitled to occupy the flat, ABC has prima facie no right of occupying or using it independently. All these material aspects have not been properly appreciated by the High Court. Therefore, the judgment and order passed by the High Court deserves to be set aside. - CRIMINAL APPEAL NO. 353 OF 1989 - - - Dated:- 27-11-1998 - G.T. NANAVATI AN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant joined ABC on 16-5-1983 and was put in possession of the said flat. On 1-11-1983 ABC passed a resolution appointing the appellant as managing director of the company. The terms and conditions of appointment were as mentioned in the draft agreement prepared in that behalf. The appellant's term under the said draft agreement was for a period of 5 years from 1-11-1983. On 21-1-1985 the Company Law Board ('the CLB') approved the appointment of the appellant as managing director not for the full term of 5 years but for 11 months only. The decision of the CLB was communicated to the appellant on 5-2-1985. On 11-3-1985 he was again informed by ABC that in view of further limited extension of his term by the CLB, he is treated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng and remanded the case back to the learned magistrate for disposal in accordance with law. 4. Mr. R.F. Nariman, the learned senior counsel appearing for the appel-lant, contended that the High Court has misconstrued the nature of the allegation made in the complaint and it has wrongly held that the said complaint and the material-on-record prima facie disclose that the appel-lant is wrongly withholding the property of the complainant-company. After going through the material-on-record and the judgment of the High Court, we are of the view that the High Court should not have interfered with the order of discharge passed by the learned magistrate. 5. It is not in dispute that the appellant was put in possession of the flat pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be entitled to rent-free accommodation during the period of their natural lives; but only until the time the employee takes up any other employment, business, profession or vocation...... 7.2 Regarding the flat: 7.2-1 It is clarified that extending accommodation by company as stipulated hereinabove is one of the primary considerations due to which the employee has agreed to take up company's employment and the same is and shall be the essence of the contract....... 7.2-4 In case, however, the company loses the right of tenancy and/or occupancy of the said flat due to any reason whatever and the employee and/or his wife continue to be entitled to the benefit hereof in terms hereof, then and in such event, the company shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tence mean while, is that the appellant purchased the flat from its owner on 12-11-1984 and has thus, become an owner of it. It is also significant to note that ABC was not the lessee of the flat and except for the permission granted by ABC Consultants (P.) Ltd. to it and the appellant, it has no right, title or interest in that flat. ABC Consultants (P.) Ltd. has not chosen to revoke the licence in favour of the appellant or take any action against him. In case of the appellant ceasing to be entitled to occupy the flat, ABC has prima facie no right of occupying or using it independently. All these material aspects have not been properly appreciated by the High Court. Therefore, the judgment and order passed by the High Court deserves to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
