JUDGMENT

S. Natarajan, J. - What falls for consideration in this appeal by special leave is whether the High Court has erred in law in setting aside the judgment of the courts below in a matter arising under Section 630 of the Companies Act in exercise of its powers under Section 482, Cr. P.C.

2. The facts are as under: - Messrs Jenson and Nicholson (India) Ltd. (Appellant company), had secured a flat in Bombay (No. 84, Mehr-Dad, Cuffe Parade) belonging to one Mehdi Mandil, on leave and licence basis for the residential occupation of the flat by its officers/employees. The leave and licence agreement was entered into on behalf of the company by the 1st respondent who was then the Divisional Sales Manager of the company at Bombay, the registered office of the company being at Calcutta. It is common ground the 1st respondent acted on behalf of the company under a Power of Attorney executed in his favour by the company. The leave and licence was for an initial period of 11 months but subject to renewal for a total period of 66 months. The agreement provided for payment of advance compensation of Rs.16,500/- for 11 months and a monthly compensation of Rs. 1,500/- and a deposit of Rs.