RANJIT MAL KASTIA Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This petition is directed against the order dated 18-9-2001 passed by the learned Chief Judicial Magistrate, Solan whereby the delay in filing a complaint under Section 207 of the Companies Act, 1956 by the respondent/complainant (hereafter referred to as the 'respondent') against the petitioners/accused (hereinafter referred to as the 'petitioners') has been condoned and the petitioners have been ordered to be summoned on the basis of the complaint.

(2.) The brief and undisputed facts leading to the presentation of this petition are that the respondent instituted a complaint against the petitioners under Section 207 of the Companies Act, 1956 in the Court of the learned Chief Judicial Magistrate. Solan and an application for condonation of delay of two years four months in filing the said complaint was also filed. The learned Chief Judicial Magistrate by the impugned order condoned the delay in filing the complaint but without notice to the petitioners.

(3.) I have heard the learned counsel for the parties and have also gone through the material placed on record.