RAJDEEP PVT LTD Vs. SOHAN LAL PUNANI

JUDGEMENT

(1.) M/s. Rajdeep Pvt. Ltd. Seema Theatre, Panipat is a private limited company and registered as such since 27/3/1981. In the beginning it appears that the capital was Rupees ten lacs but subsequently there was an increase and it reached twenty-five lacs in April; 1986 and it has also been alleged that an 13/4/1986 respondent No. 1 Shri Sohan Lal Punani was removed from the past of Managing Director under section 284 (1) of the Campanies Act. The present dispute relates to the possession of Seema Theatre, Panipat.

(2.) It was an 27/2/1987 that proceedings under section 145 of the Code of Criminal Procedure (hereinafter referred to as the Code) were initiated against Ved Parkash Paliwal and six others an the plea that there was tension and apprehension of breach of peace because bath the parties were claiming possession of the theatre. The Sub-Divisional Magistrate, Panipat after recording the statement of Shri Sube Singh, Sub Inspector of Police Station City Panipat ordered attachment of the aforesaid Cinema under section 146 of the Code and appointed Teshildar Panipat as a Superdar.

(3.) Another offshoot of the dispute is that there was a civil suit as well which was far declaration in respect of the Cinema and it was instituted by Sohan Lal Punani against Ved Parkash Paliwal and several others. In this civil suit there was also an application of temporary in junction and the parties came to this Court and on 16/12/1985 it was held by D.Y. Sehgal, J. that Sahan Lal Punani and his companions who were the petitioners in that litigation did not have a prime facie case to restrain the apposite party from interfering with the business of the company or the possession of the Cniema. The order of the learned Additional District Judge dismissing the application of temporary in junction was thus affirmed on 16./12/1985. On 17/2/1987 the aforesaid civil suit was dismissed as withdrawn by the Additional Senior Sub-Judge, Panipat (Annexure R2). After the aforesaid withdrawal of the civil suit the proceedings pending under sections 145 and 146 of the Code were also dropped by the Sub-Divisional Magistrate an 20/2/1987 and the original order of attachment dated 26/6/1986 was also withdrawn and there was a direction that Superdar be also informed in this regard (Annexures P4/T and P5/T).