VOLTAS LIMITED Vs. SHAILA GURUDAS

JUDGEMENT

(1.) THIS motion is taken out by plaintiffs for appointment of Court Receiver and injunction. Suit property is flat No.001, on the ground floor in the building known as Kum-Kum situated at 50-A, Dr. G.Deshmukh Marg, Bombay-400 026. Suit flat is described in detail at Ex.A to the plaint.

(2.) PLAINTIFFS are company incorporated under the Companies Act. Defendants are heirs of late H.S.Gurudas, who died on 15.1.1994. Deceased was in plaintiff's employment. On 8.12.1972, there was agreement between plaintiffs and deceased. The said agreement is styled as leave and licence agreement and deceased was permitted to occupy the suit flat. Flat was to be continued with deceased till he was in employment. On 9.11.1983, deceased took voluntary retirement and sought time to vacate the premises. However, deceased failed to vacate the premises, which resulted in plaintiffs filing Criminal Complaint under section 630 of the Companies Act. In the said complaint, deceased claimed tenancy and also that there was agreement to sell the suit flat to him. The said complaint came to be dismissed on the ground that dispute between the parties is civil dispute. Said order is dated 20.12.1993. Against this order Criminal Writ Petition No.437 of 1994 is filed in this Court and is pending for disposal. By the present suit plaintiffs have sought possession of the suit flat on the ground that deceased was not entitled to occupy the suit flat after he ceased to be plaintiffs' employee. Present defendants are heirs of deceased employee, defendant No.1 being widow, defendant Nos.2 being son and defendant No.3 being daughter.

(3.) BY way of defence, defendants have stated that this Court has no jurisdiction to try and entertain this suit as under section 41 of the Presidency Small Causes Court Act, Small Causes Court has exclusive jurisdiction to try and entertain this suit. Reliance is placed upon decision of this Court in case of C.K.Talwar V/s. Rallis India Ltd. reported in A.I.R. 1993 Bombay page 1.