TMI Blog2023 (5) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of M/s Neeharika Infrastructure PVT Ltd. Vs State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, [ 2021 (4) TMI 1244 - SUPREME COURT ], State of Haryana Vs. Bhajan Lal, [ 1990 (11) TMI 386 - SUPREME COURT ], State of Bihar Vs. P.P.Sharma, [ 1991 (4) TMI 365 - SUPREME COURT ], lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another [ 2004 (11) TMI 519 - SUPREME COURT ], State of M.P. Vs Awadh Kishore Gupta and others [ 2003 (11) TMI 584 - SUPREME COURT ], and Dr. Monica Kumar and Another Vs State of UP and Others, [ 2008 (5) TMI 687 - SUPREME COURT ] . The disputed defence of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 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 the applicant under aforesaid section. The short facts relating to the filing of the present petition are that opposite party No. 2 was incorporated as a Public Limited Company and is duly registered with Registrar of Companies, Kanpur. The Modi Group Companies were jointly controlled and managed by Late Dr. K.N. Modi and his three sons i.e. Mr. M.K. Modi, Mr. Y.K. Modi and Dr. D.K. Modi (appliant), who are jointly referred to and known as Group A of the Modi Family and by the five sons of Late Gujjar Mal Modi, namely, K.K. Mod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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, divisions and assets were divided between the two groups as per the terms and conditions as mentioned in the said MoU. That as per Clause 4 of the MOU entered into between Group A and Group B of the Modi Family, the houses occupied by each Modi Group was agreed to be continued to be with the same Modi irrespective of the fact as to whether the company in whose name the ownership or lease of the said property has been executed, has fallen in the share of the other Group, to which the said Modi does not belong. In other word ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 cognizance of the aforesaid complaint and has issued summons to the applicant under Section 452 of the Companies Act, 2013 in a mechanical manner without due application of mind overlooking the orders passed by the Hon'ble Delhi High Court and Hon'ble Apex Court passed in the case of the applicant and the opposite Party No. 2 and without considering that the lis between the party's springs out of interpretation of the Memorandum of Understanding entered into between the parties way back in 1989 in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, therefore, at this stage of summoning, proceedings should not be scuttled and the court should refrain itself from scrutinizing the merits and demerits of the case, which can very well be considered during course of trial on the basis of the evidence led by the parties. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relates to the highly disputed question of facts, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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