JUDGMENT

1. This appeal by special leave is directed against the judgment and order passed on August 22, 1984 dismissing the Criminal Writ Petition and Criminal Application by the High Court. The appellant-company filed a complaint under Section 630 of the Companies Act, 1956 before the Magistrates Court on the ground that respondent 1 was provided with a Companys flat at Colaba, Bombay for residing there while he was in employment of the Company. It is the Companys case that they look as a licensee the said flat from the owner on the basis of a paying guest agreement and permitted respondent 1 to stay therein. Respondent 1 after termination of his service in 1979 refused to vacate the flat and hence the Company filed the complaint under Section 630 of the Companies Act for eviction of respondent 1 from the said flat and for taking possession of the flat and for punishing respondent 1.

2. The Magistrate after hearing the parties passed an order for eviction of respondent 1 from the said flat and also convicted respondent 1.

3. Against this judgment an appeal was filed before the Sessions Judge. The Sessions Judge allowed the appeal and reversed the judgment and order of the Magistrate