LAWS(BOM)-2006-5-14

MAHARASHTRA STATE ELECTRICITY BOARD Vs. STATE OF MAHARASHTRA

Decided On May 04, 2006
MAHARASHTRA STATE ELECTRICITY BOARD Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the Applicants, learned PP, and Counsel for the Respondents.

(2.) All these Applications are arising out of Criminal Cases filed by the Respondent No.2 and others, for defamation, before the JMFC, Nasik. The Applications are filed for quashing the Complaints. The Applicants are the original accused and employees of Maharashtra State Electricity Board (MSEB). Datar Switchgear Limited was a Company. That MSEB had an agreement regarding supply of certain materials. The dispute arose between the MSEB and Datar Switchgear Limited. The matter was referred to Arbitration. The Arbitrators passed an Award. The MSEB filed Petition against that Award. That Petition was allowed and the Award was set aside. In the intervening period, there were proceedings in between the parties for perjury or contempt etc. Different Affidavits came to be filed on behalf of the MSEB through its different Officers. It is those Affidavits which have defamed the Complainant - Datar Switchgear Limited, and, therefore, they filed nine different complaint cases before the JMFC, Nasik, for defamation, against MSEB and its different Officers, who according to the Complainant had deliberately indulged in defaming Datar Switchgear Limited.

(3.) In this background, we heard Mr. Mundargi, Senior Counsel for Applicants - MSEB, the learned P.P. and Mr. Adik Shirodkar, Senior Counsel for the Respondents.