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2020 Supreme(SC) 224

R.SUBHASH REDDY, MOHAN M.SHANTANAGOUDAR
New Era Fabrics Ltd. – Appellant
Versus
Bhanumati Keshrichand Jhaveri – Respondent


Advocates Appeared:
For the Petitioner(s):Amit Sibal, Darpan Sachdeva, Vinay Tipathi, Ambar Bhushan, Adv. Mansoor Ali, Advocates
For the Respondent(s):Rudreshwar Singh, Gautam Singh, Snehil Sonam, Advocates

JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. This application has been filed under Section 340 read with Section 195(1)(b) of the Criminal Procedure Code, 1973 (Cr.P.C.) seeking institution of criminal proceedings against the Petitioner in SLP (Civil) No. 3309/2018 for giving false evidence before this Court.

2. The facts giving rise to this application are as follows:

    The Respondents/plaintiffs claim to be the lessors of suit premises being C.S. No. 560 and 561, final Plot No. 268, T.P.S. III of Mahim Division, Ward No. 6/North 5546 (1-1A) situated at Mogul Lane, Tulsi Pipe Road, known as Senapati Bapat Marg, Mahim, Mumbai-400016. The Petitioner/defendant Company was a monthly tenant of the suit premises. The Respondents terminated the tenancy by notice to quit dated 11.02.2009 and subsequently filed Suit No. 48/62/2009 before the Court of Small Causes, Mumbai (‘Trial Court’) for possession and injunction against the Petitioner. The Respondents averred in their suit that the Petitioner is a public limited company having a paid-up share capital of more than Rs. 1 crore; hence it woul


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