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1993 Supreme(Bom) 232

M.F.SALDANHA
Indian Hotels Co. Ltd. . – Appellant
Versus
Bhaskar Moreshwar Karve and another – Respondent


JUDGMENT - M.F. SALDANHA, J.:---This proceeding in reminiscent of the allegoric reference to the proverbial serpent that attempted to cutting the hand that was feeding it milk. Harsh as this may seem , a narration of the facts would indicate how appropriate the analogy is. The central issue canvassed in the case being one that is customarily pleaded as a defence in prosecutions under section 630 of the Companies Act, 1956, the law on the point requires to be settled. It has almost become routine in this class of litigation, for a contention to be adopted by the defence , that a promise was made to the accused ex-employees by or on behalf of the company that the premises in question would be sold to the employee at book value or, in the words , for a fraction of other real market value or , in the case of rented premises , that the tenancy would be surrendered in favour of the occupant. This contention is pleaded in all seriousness and it is contended that the accused is entitled to enforce his rights by insisting on specific performance by the company and that , consequently, the ingredient of wrongful retention or withholding of the premises is absent. Litigations are commen






















































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