JOLLY DURGA PRASAD Vs. GOODRICKS GROUP LTD

JUDGEMENT

(1.) . Goodricks Group Limited is a company incorporated under the Companies Act. It lodged a complaint being Case No. C784/95 under section 630 of the Companies Act in the court of Chief Judicial Magistrate at Alipore against one Arun Kumar Durgaprasad on the allegations, which, in substance, were as follows. Arun Kumar Durgaprasad was an employee of the Company. He took voluntary retirement from his service on the expiry of September, 1994. At the time of his retirement, he was the Vice President of the Company. During the tenure of his service under the company, he was given accomodation for his residence at Company's flat No. 5C with terrace garage at No. 1, Merlin Park, Calcutta, of which the company is the owner. He ceased to be an employee of the company by reason of his voluntary retirement on and from 1st day of October, 1994 and by that date he should have vacated the flat in favour or the company but on his request, the company allowed him to use the said flat till 31.12.94. Before the retirement, the company addressed a letter dated 12.9.94 to him giving a detailed break-up of his dues from the company and asking him to confirm that he would be handing over the possession of the flat to the company by the end of December, 1994 and he accepted and signed the letter as a token of confirmation. After the expiry of the month of December, 1994, he did not vacate the flat. He was requested on several occasions by the company to vacate the flat, but he wrongfully failed and neglected to vacate the same. The company sent a lawyer's notice by a letter dated 3.4.95 demanding delivery of the flat. Inspite of receipt of that letter, the flat is being wrongfully withheld. Arun Kumar Durgaprasad has accordingly committed and offence punishable under section 630 of the Companies Act.

(2.) The learned Magistrate took cognizance on this complaint and the accused Arun Kr. Durgaprasad on being summoned under section 630 of the Companies Act, appeared before the court.

(3.) During the pendency of the complaint case, Arun Kr. Durgaprasad died on 7.1.96 and the company made a payer on 15.5.96 for substitution of his wife Jolly Durgaprasad and son Rana Durgaprasad as his heirs and legal representatives in his placed and the said prayer was allowed by the learned Magistrate by his order dated 15.5.96.