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TMI Blog2014 (2) TMI 1436X X X X Extracts X X X X X X X X Extracts X X X X ..... direction that in case the convict vacates the quarter within time, the fine amount will not be recovered; the time period for vacation of the quarter was one month; in default of payment of fine, the convict was to undergo SI for 2 months; there was a further direction that in case the convict fails to deliver the vacant and peaceful possession of the quarter to the complainant within one month, he would undergo SI for a period of 1 year. 4 The impugned judgment on 21.01.2014 had extended the period for vacation of the quarter by a period of 30 days; the quarter had to be vacated by the petitioner on or before 20.02.2014. 5 The facts as emanating from the record shows that M/s Texmaco Limited (respondent No. 1) had instituted complaint No.1286/2003 under Section 630 of the Companies Act. The allegation was that on 01.04.1971, the petitioner who had joined service of M/s Birla Cotton Spinning and Weaving Mills Ltd. (hereinafter referred to as the 'Mill'); had on 01.12.1978 been allotted quarter No.13-A, situated in Shivaji Lines, Shakti Nagar in his capacity as an employee of the Mill. After he ceased to be an employee of the said Mill, he did not vacate the quarter; he wrongful ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the locus standi to file the complaint; the petitioner was not an employee of M/s Texmaco Limited. The second submission of the learned counsel for the petitioner is that Crl. Appeal No.1214/2012 titled as "M/s Texmaco Limited Vs. Mahavir" is pending in which locus standi of M/s Texmaco Limited to institute complaints against ex-employees is under question and till that appeal is decided, this matter also cannot attain a finality. 11 Arguments have been refuted. Learned counsel for the respondent has placed on record the approval granted by the Kolkata High Court evidencing the fact that the scheme of arrangement dated 03.01.1983 passed by the Delhi High Court in Company Petition No.59/1982 merging the two companies i.e. the said Mill with M/s Texmaco Limited. The assets and liabilities of the said Mill had been taken over by M/s Texmaco Limited, the transferee company. Submission being that in this view of the matter, M/s Texmaco Limited was well within its right to file the present complaint as the petitioner having failed to vacate the property which in pursuance of this merger order had vested with the transferee company, M/s Texmaco Limited had the authority to file the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holding of property. (1) If any officer or employee of a company- (a) wrongfully obtains possession of any property of a company; or (b) having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the articles and authorised by this Act; he shall, on the complaint of the company or any creditor or contributory thereof, be punishable with fine which may extend to one thousand rupees. (2) The Court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the Court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for a term which may extend to two years." 18 Section 630 of the said Act had been engrafted in the Legislature to provide speedy relief to a company where its property is wrongfully obtained or wrongfully withheld by an 'employee' or an 'officer' or a 'past employee or an officer' or 'legal heirs and representatives' deriving their colour and content from such an 'employee or officer' in so far as the occupation and possession of the property belo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere as under:- "Weaving Mills Textiles as well as quarter in question. 1. That all the property, rights, and powers of the said transferor company specified in the first, second and third parts of the Schedule II hereto and all the other property, rights and powers of the said transferor company be transferred without further act or deed to the said transferee company and accordingly the same shall, pursuant to section 394(2) of the Companies Act, 1956, be transferred to and vest in the said transferee company for all the estate and interest of the said transferor company for all the estate and interest of the said transferor company therein but subject nevertheless to all charges now affecting the same, and 2. That all the liabilities and duties of the said transferor company by transferred without further act or deed to the said transferee company and accordingly the same shall, pursuant to section 394(2) of the Companies Act, 1956, be transferred to and become the liabilities and duties of the said transferee company; and 3. That all proceedings now pending by or against the said transferor company be continued by or against the said transferee company; and 4. That ..... X X X X Extracts X X X X X X X X Extracts X X X X
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