9911796707
TMI Blog1991 (3) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... respectively accused in C.C. Nos. 115 to 118 of 1991 on the file of the Chief Judicial Magistrate, Coimbatore, facing prosecution for the alleged offence under section 630 of the Companies Act, 1956, for wrongful withholding of the premises of Shri Janarthana Mills Limited, Uppilipalayam Post, Coimbatore 641 015, the respondent herein (allotted to them during their tenure of office), even subseque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them. Learned counsel appearing for the petitioners would vehemently contend that, in the face of the orders of the civil court for maintenance of the status quo in the civil suit filed by them, the proper course to be adopted is that the prosecutions launched before the criminal court are liable to be quashed, inasmuch as it is the established law that the criminal courts are bound to respect t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no question of any relationship of landlord and tenant in such cases. It is rather obvious that the civil court before which a suit appears to have been filed for a bare injunction, on the basis of the claim of tenancy, does not appear to have been properly apprised of the legal position arising from the factual foundation of the petitioners having been allotted the premises by the respondent, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Krishan Avtar Bahadur v. Col. Irwin Extross [1986] 59 Comp Cas 417 (Bom.) wherein a learned judge of the Bombay High Court expressed (page 426) : "The plea of tenancy is not at all open on the facts of this case. The flat in question belonging to the company was occupied by the petitioner during the term of his employment with the company and he was entitled to occupy it only during his ..... X X X X Extracts X X X X X X X X Extracts X X X X
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