GIREESH SANGHI Vs. N D M C

JUDGEMENT

(1.) I have examined the affidavit filed by the NDMC. In the affidavit it is stated that no company by the name of M/s Sanghi Group of Companies is in occupation of the property No.30, Todar Mal Road, New Delhi. It is further stated that from the neighbours no information regarding the whereabouts of the company could be ascertained. In paragraph 3 of the affidavit it is stated that the Assistant Engineer and the Junior Engineer had carried out inspection of the suit property on 24.10.2005 and the same was found to be in occupation and use of a firm M/s. Sanghi Group of Industries. Accordingly, M/s. Sanghi Group of Industries was made accused No.1 to the complaint and Mr.Gireesh Sanghi, Director of M/s. Sanghi Group of Industries was made accused No.2.

(2.) M/s. Sanghi Group of Industries is not an identity or a person recognized by law. A premises can be in occupation of a natural person or a juristic person and prosecution can be against a natural person or a juristic person. Similarly, Mr.Gireesh Sanghi is being prosecuted as a Director of M/s Sanghi Group of Industries which is neither a company nor a firm and no person can be a director of a non-existing company.

(3.) Before filing the prosecution the respondent should have ascertained the details of the company, if any, which was operating or functioning from the property in question. It is also noticed that Mr.Gireesh Sanghi has placed on record his resignation letter from the Board of M/s. Sanghi Industries Limited dated 19.2.2004 and from another company M/s. Sanghi Polyester Limited on 2.2.2004. However, neither of the two companies are being prosecuted.