BEGURAM Vs. JAIPUR UDHYOG LTD

JUDGEMENT

(1.) I have heard Shri R. P. Garg appearing for the petitioner Beguram.

(2.) Facts in brief are that Beguram was employed as Fitter (Maintenance) in M/s. Jaipur Udhyog Sawai Madhopur. He retired on Sept. 7, 1978 but did not vacate the free quarter of the company bearing No.101/200 which had been allotted to him while he was in service. Consequently Jaipur Udhyog Ltd. filed a criminal complaint against the petitioner in the court of the Chief Judicial Magistrate, Sawai Madhopur for the offence under S.630(1)(b) of the Companies Act. The Chief Judicial Magistrate, Sawai Madhopur by his judgment dated Sept.11, 1986 held the petitioner guilty for the said offence and punished him with a fine of Rs.200/-. Along with this sentence, the Chief Judicial Magistrate also passed an order under sub-sec.(2) of S.630 of the Companies Act ordering the petitioner to deliver up the said quarter to M/s. Jaipur Udhyog Ltd. within three months of the date of his judgment and in default thereof the petitioner was to undergo simple imprisonment for a term up to two months. Against this conviction and sentence, the petitioner filed criminal appeal No.53 of 1986 before the Sessions Judge Sawai Madhopur. Along with the appeal he filed an application under S.389, Cr.P.C. for suspension of the sentence and also of the order passed by the Chief Judicial Magistrate under sub-sec.(2) of S.630 of the Companies Act.

(3.) The first contention advanced by Mr. Garg is that S.630 of the Companies Act is only applicable with respect to movable property because sub-sec.(2) of the said section used the words "deliver up" or "refund" and these words, according to him, can relate only to movable property. There is no force in this contention. The word "property" used in S. 630 of the Companies Act includes within its purview both the movable as well as immovable property and there are no words express or implied in this section which can restrict the application of the word' property' to only movable property. The words "deliver up" very well apply to the delivering up of the possession of immovable property. These words are, on the other hand, indicative of the fact that the immovable properties are also covered in the scope of S.630 of the Companies Act.