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TMI Blog2007 (7) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... ating to possession of the company’s immovable properties. Yet that does not mean that what ordinarily should be done at the final stage, ought to be done at the interim stage. Thus recourse to such interlocutory power should be in exceptional situations and not in all cases. In these circumstances, where the dispute itself pertains to entitlement of the property and its possession, the court should slow in exercising its powers under section 452. In view of the above, it is not persuaded by the submissions on behalf of the petitioner that the trial court’s approach or the impugned order was either illegal or in any manner improper. - CRIMIRAL MISCELLANEOUS CASE NO. 4662 OF 2005 - - - Dated:- 27-7-2007 - S. RAVINDRA BHAT, J. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... harges for the use and occupation of the quarter were Rs. 2.75 (rupees two and seventy five paise). Respondent No. 2 ceased to be in employment of the petitioner-company with effect from 30-3-1987. It is averred that the respondent was bound to vacate the quarter which he did not despite the alleged requests and reminders from the company. The petitioner-company thereafter filed a complaint case under section 630 of the Companies Act, 1956. 4. The company was closed down with effect from 30-11-1996, and none of its employees who were in service on the effective date 30-11-1996, vacated the quarters. The company filed similar complaints under section 630 of the Companies Act. In the matter relating to respondent No. 2, the court took cog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for such matters for speedy retrieval of the property of the company but that cannot be a ground for awarding the relief prayed by the complainant in this application. The application under section 452 of the code is without merit and liable to be dismissed ." 7. Learned counsel for the petitioner Shri J. V. Rana contended that the petition under section 452 of the Code is maintainable as all ingredients of the section are fulfilled. Respondent No. 2 can be directed to deliver possession of the quarter to the petitioner-company. He further contended that the provisions of section 630 of the Companies Act are beneficial and specially enacted to provide speedy relief to the company for retrieval of possession of its property. Learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uarter in question during the course of his employment and that he failed to hand it back after termination of his services. The court also considered the objections raised by the respondent accused about the locus standi of the present petitioner to institute and prosecute the complaint under section 630. 10. I have considered the materials on record, as well as the submissions of the petitioner. The Calcutta High Court in the Tata Tea Ltd. s case ( supra ), intervened and directed the accused ex-employee to vacate the premises in exercise of its inherent powers under section 482 of the Code of Criminal Procedure. Likewise, in the Metal Box (India) Ltd. s case ( supra ), to the court invoked its inherent powers under section 482 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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