TMI Blog2020 (8) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... is not in consonance with the principles of law and is liable to be set aside. The order passed by the Ld. ACJM, Durgapur is hereby set aside and CRR 2592 of 2019 is allowed. - CRR 2592 of 2019 - - - Dated:- 17-6-2020 - THE HON BLE JUSTICE TIRTHANKAR GHOSH For the Petitioner : Mr. Bikash Ranjan Bhattacharya Mr. Sandipan GangulyMr. Soumya Majumder Mr. Ayan Bhattacharya Mr. Bhaskar Mukherjee Ms. Benjani Sahu Mr. Debraj Sahu For the Opposite Party : Mr. Sabir Ahmed Mr. Suddhader Adak Mr. Ali Hassan Alamgir ORDER Tirthankar Ghosh, J. The present revisional application has been preferred against the order dated 17-4-2019 passed by the ACJM, Durgapur in connection with Complaint Case No. C-100460 of 2018 under Section 452 of the Companies Act, 2013, wherein the Ld. Magistrate was pleased to reject the prayer of the petitioner for delivery of possession of the premises/flat in issue, so preferred under Sub-Section (2) of the Section 452 of the said Act. The allegations made in the petition of complaint which was preferred under Section 452 of the Companies Act, 2013 are as follows:- (a) The accused/opposite party was appointed as a Chargehand by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he aforesaid premises/quarter. The Ld. ACJM, Durgapur by an order dated 17-4-2019 was pleased to dismiss the application under Sub-Section (2) of Section 452 of the Companies Act so preferred at the instance of the complainant/petitioner on the ground that the issues so raised cannot be decided at the threshold of the case but are to be decided at the conclusion of trial. By the same order the Ld. Court was pleased to dismiss the said application under Section 452 (2) of the Companies Act. Mr. Bikash Ranjan Bhattacharya, Ld. Senior Advocate appearing for the petitioner submitted that the accused joined the service of the company in the year 1981 and during the period of his employment, he was provided with quarter No. TR-152 in ABL Township, Durgapur vide a Leave License Agreement. The Opposite party superannuated from his service on 30-9- 2016 and thereafter on several occasions the company requested and also sent letters for vacating the quarter, yet, the opposite party requested the company to extend the permission to stay for a limited period till he finds a suitable accommodation, however, the opposite party illegally continued to retain the quarter. Having no other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... term lease for the right to use the company s own houses flats excluding the land in ABL Township for residential purposes only by its exemployees/ spouses of deceased ex-employees meeting the eligibility criteria defined herein after at a value fixed by the Alstom Projects India Limited, Durgapur (hereinafter referred as the Company) as is where is basis . The eligibility of such scheme was also fixed as follows:- Employees superannuated/separated/early retired from the service of the Company after 31st December 2007 or the spouses of deceased employees after 31st December, 2007 shall be eligible to apply for a quarter subject to the terms and conditions specified under Clause 4.4. of the scheme. That, Clause 4.4. of the Scheme is reproduced hereinbelow: 4.4 schedule of the value of the houses and corresponding service charges Type of houses Value of the houses Monthly service charges LV 82,500 325 RRI 60,500 270 RRII/III 44,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge in the complaint that the accused misappropriated the immovable property belonged (read belonging) to the complainant or the accused person wrongfully obtained the possession of the company s quarter. The Complainant has only alleged that the accused person has wrongfully withheld the possession of the company s quarter . The Ld. Magistrate thereafter relied upon the judgment of the Allahabad High Court and concluded by holding the contentions in the application under Section 452(2) of the Companies Act cannot be decided at the inception of the case and dismissed the said application. The petitioner being aggrieved by the aforesaid order dated 17-4-2019 passed by the Ld. ACJM, Durgapur approached this Court, from an assessment of the materials so placed before this Court, certain facts are admitted which included the accused/opposite party was occupying the said quarter being TR-152, ABL Township, Durgapur- 713206, the said quarter was allotted pursuant to the appointment of the opposite party and was a part of his entitlement because of his employment in the complainantcompany, the title of the complainant is of a better standard than that of the accused/opposite party. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt was pleased to affirm orders/findings passed by the Courts below thereby directing the employee to vacate the premises. I have also taken into account the judgment so relied upon by the Ld. Advocate for the opposite party being Smt. Bir Bala Gupta (supra), wherein the Allahabad High Court was of the opinion that it was only when the petitioner (employee) moved the authority concerned for non-payment of gratuity, the company deposited the amount and requested the authority to pay the same after she vacated the quarter, and to that effect there was a standing order and the company failed to discharge its obligation in as much as it did not pay the gratuity, thus the Hon ble Allahabad High Court concluded that the petitioner (employee) was not liable to be punished under provisions of Section 630 of the Companies Act, 1956. I have taken into account the facts alleged in the complaint and the contentions advanced by the complainant in the application under Section 452(2) of the Companies Act which applied in respect of pending proceedings, having considered the period of service, the scheme referred to, the quarter/premises being part of the entitlement in terms of service and ..... 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