ROSS DEAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner. None appears on behalf of the respondent though served.

(2.) THE petitioner is challenging the order of issuance of process by the Metropolitan Magistrate on a complaint which is filed by the respondent company under section 630 of the Companies Act. It is alleged that the petitioner herein was the Managing Director of the company and was allotted a flat which was owned by the company. It is alleged in the complaint that the petitioner herein did not hand over the possession of the said premises which were owned by the complainant company and as such has committed the offence which is punishable under section 630 of the Companies Act.

(3.) I have perused the complaint filed by the complainant as also the averments made in the petition, which are being uncontroverted as no reply has been filed by the respondent complainant though they have served in the matter. It is an admitted position that two suits are pending in this court in which the question of title is being seriously agitated and these suits are yet to be decided by this court. Further the premises in question also have been acquired by the competent authority under the provisions of Income tax act. This order also is challenged by way of writ petition which also is pending in this court.