JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Leave Granted.

2. The issue that arises for our consideration in the present appeal is with regard to the scope of and ambit of the provisions of Section 630 of the Companies Act, 1956 (hereinafter referred to as the “Act”), more specifically, as to whether the proceedings under the said provision would cover within its purview only the employee of the company or also the persons claiming a right through him or under him.

3. In order to answer the aforesaid issue it would be necessary to set out the facts leading to filing of the case in which the aforesaid issue was raised and came to be considered:

Mr. Chandra Bhushan Saran (since deceased) father of appellant no. 1 and maternal grandfather of appellant no. 2 was allotted third floor residential premises of the building “Devenshire House”, Westfield Estate, at Bhulabhia Desai Road, Mumbai (hereinafter referred to as “suit premises”) since he was appointed as a Director and Technical Advisor of one M/s Automobile Products of India Ltd. (for short “API Ltd.”). Subsequently he was appointed as Managing Director of the said company. The suit premises was owned by Her Highness Vijaya Raje S