TAXMACO LIMITED Vs. RAM DAYAL

JUDGEMENT

(1.) By this order I shall dispose of Criminal Revision Nos. 129 to 132, 134 to 140 and 142 to 155 of 1990 since a common question arises in these cases, namely, whether the impugned order dated 12th February, 1990 of an Additional Sessions Judge, Delhi directing the stay of the proceedings pending before Addl. Chief Metropolitan Magistrate, Delhi under Sec. 630 of the Companies Act needs interference by this Court.

(2.) M/s Texmaco Ltd. "for short the Company) is a public limited company incorporated under the Companies Act, 1956. It had a housing colony for the benefit of its employees which were earlier owned by M/s Birla Cotton, Spinning & Weaving Mills Limited. However, subsequently by virtue of a scheme of arrangement M/s Biria Cotton, Spinning & Weaving Mills Ltd. became the property of M/s Texmaco Limited. Employees of Birla Cottom, Spinning and Weaving Mills became the employees of M/s Texmaco Limited. Ram Dayal was allotted a quarter vide letter dated 9th October, 1976 with a stipulation that he would continue to be in occupation of the same during the period he was in service. Ram Dayal retired from service on 24th February 1989 and after his retirement he did not hand over the possession of the quarter to the Company and in this way he is stated to have committed an offence under Sec. 630 of the Indian Companies Act besides other offences under Indian Penal Code. After recording preliminary evidence the ex-employee Ram Dayal was summoned as an accused by an Addl. Chief Metropolitan Magistrate vide order dated 29th November. 1988.

(3.) On an application moved by Ram Dayal an order dated 30th September, 1989 was passed by Addl. Chief Metropolitan Magistrate, Delhi directing that the proceedings in this case will continue bat the Judgment in this case will not be announced until this court find out that the civil case filed by the accused is mala fide and bona fide or till civil court gives it final verdict. This order was challenged by;Ram Dayal before the Addl. Sessions Jadge, Delhi who vide impugned order that the procedings before the Addl. Chief Metropolitan Magistrate shall stand stayed till the desion of the civil litrgation between the parties.