JUDGMENT - ASHOK AGARWAL, J.:---Whether the present criminal prosecution under section 630 of the Companies Act is liable to be stayed pending the suit for possession under section 13(1)(g) of the Bombay Rent Act is the short question that arises for my determination in the present writ petition.

2. The petitioner is the original accused while the respondent No. 1 is the complainant in Criminal Code No. 76 of 1983 pending in the Court of the learned Addl. Chief Metropolitan Magistrate, 19th Court, Esplanade, Bombay. This complaint has been filed under section 630 of the Companies Act. The respondent No. 2 is the State of Maharashtra.

3. The facts of the present case, as stated in the present petition, are as under:---

The premises in dispute is a residential flat being flat No. 1-A at Alta View Co-operative Housing Society, situate at 7 Altamount Road, Bombay 400 026. This flat was originally owned by one D.D. Solanki who happened to own five flats in that building. By an agreement dated 1st May, 1968 the said D.D. Solanki gave his aforesaid flat No. 1-A to Esso Standard Eastern Incorporated, the predecessors of the Hindustan Petroleum Corporation, respondent No. 1 in the present pet

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