SUNIL KUMAR ROY Vs. SAMANA STEEL LTD

JUDGEMENT

(1.) SHRI Sunil Kumar Roy, Senior Research Executive, M/s Surya Roshni Ltd., Padma Tower-I, 5-Rajindra Place, New Delhi and Shri B.D. Aggarwal, Managing Director, M/s Surya Roshni Ltd., Padma Tower-I, 5-Rajindra Place, New Delhi, petitioners have filed the present petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India, seeking the quashment of the complaint Annexure P.1 and the summoning order dated 1.7.1995 alongwith the proceedings pending before the court of Sub-Divisional Judicial Magistrate, Samana, District Patiala under Sections 499, 500 and 107 IPC arising out of the publication dated 25.6.94 in Punjab Kesari on the basis of the interim orders dated 13.6.94 passed by the Hon'ble High Court of Delhi in Civil Suit No. 1315 of 1994 titled 'M/s Surya Roshni Ltd. v. Samana Steel Pvt. Ltd. and others'.

(2.) BEFORE I meet with the submissions raised by the learned counsel for the parties during the course of arguments, let me summarise the facts.

(3.) THEREAFTER , respondents No. 1 and 2 made an application under Order 1 Rule 10 CPC for striking off their name, Annexure P.3, and in this regard it will be useful for me to make a reference of para No. 8 of the said application, where these respondents moved the Delhi High Court that plaintiff (petitioner) had been giving 'Caution Notice in various Newspapers in Panjabi. English translation of one such Caution Notice given in Punjab Kesri; a newspaper edited from Jullundhar was attached therewith as Annexure C. This fact came to the knowledge of the defendant recently (then). Finally it was prayed by respondent No. 1 that his name may be struck off from the list of defendants in which it had been intentionally and improperly added. It may be mentioned here at this stage that while making an application under Order 1 Rule 10 CPC respondent No. 1 had nowhere stated that the warning notice issued at the instance of the plaintiff of that suit was harming and defamatory in character.