HARKISHIN LAKHIMAL GIDWANI Vs. ACHYUT KASHINATH WAGH

JUDGEMENT

(1.) This proceeding depicts rather a lamentable picture when a systematic attempt is being made to linger on the proceeding which otherwise requires an immediate attention and it also has an equally disturbing feature that a responsible officer of a company wants to take an absolutely unjustified advantage of the situation resting his claim on the niceties of technicalities.

(2.) The three termini which figure prominently in this proceeding are : (i) the company, (ii) the premises, and (iii) the employee of the company. The company is known as the English Electric Co. of India Ltd., a public limited company incorporated under the Companies Act, 1956, having its registered office at Calcutta and branch office functioning at Veer Nariman Road, Bombay - 20 (shortly called as "the company"). The premises in question comprise of a flat approximately 3,500 sq. ft. in are located at Mayfair Gardens, Little Gibbs Road, Bombay, and the third terminus is the petitioner who was at one time in the employment of the said company in its branch office at Bombay. The proceeding revolves around these three termini.

(3.) The petitioner was appointed as the manager of the Bombay branch of the company some time in the year 1963. In his capacity as such, that is the manager of the company, he was allowed to enter into and use the said flat situate at Little Gibbs Road, Bombay, on and from 16th November, 1963, with a clear stipulation under the service conditions that the was to remain on the said flat only as long as he continued to be in the employment of the company, whereafter, he was enjoined to hand over vacant possession of the same to the company. The company at all relevant times and continues to be the lessee of the said premises which are owned by the New India Assurance Co. The company has been regularly paying all the rental charges and permitted increases to the tune of Rs. 1,157.80 per month and some other amounts were also paid to the petitioner by way of servant's allowance. The petitioner continued to be serving the company in that capacity up to 30th June, 1978, on which date he retired from the service on attaining the age of 58 years. Thus, by 30th June, 1978, he was enjoined to vacate the said flat which was in his possession and to hand over vacant and peaceful possession thereof to the company. However, the petitioner took a very adamant attitude and put forth an excuse or a pretest and declined to vacate the premises. It appears, in the meantime, that by way of concession and only on humanitarian ground, the petitioner was allowed to remain on the premises for a short period so as to enable him to make arrangements for alternative accommodation and even then, this humanitarian and charitable consideration by the company was reciprocated by the petitioner in a most uncharitable and unfair manner by declining to vacate the premises on any count and at any time. There ensued some correspondence between the parties to which incidentally reference would be made at the proper juncture, when even after giving ultimatum to him, the petitioner stuck to his attitude and declined to vacate the premises, that the company was ultimately obliged to knock the doors of the court of law by filing a complaint in the Court of the Metropolitan Magistrate, 14th Court, Girgaon, which is subject-matter of criminal case No. 11/S of 1979, under s. 630 of the Companies Act, 1956 (shortly called as "the Act") on 18th December, 1978.