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2015 Supreme(Bom) 1074

A.B.CHAUDHARI
Wairagade Engineering Corporation – Appellant
Versus
Hiren Aluminum Ltd. – Respondent


Advocates:
Advocate Appeared:
Shri Pradeep Marpakwar, Advocate for applicant
Shri N. A. Padhye, Advocate for the respondent no. 1
Shri V. A. Thakare, APP for State/respondent no. 2

ORDER :

Being aggrieved by the judgment and order dated 23-10-2007 passed by the Adhoc Additional Sessions Judge, Nagpur in Criminal Revision No. 921/2006 by which the order dated 10-7-2006 passed by J.M.F.C., Nagpur in Criminal Case No. 1433/2006 issuing process against the respondent-company incorporated under the Companies Act was quashed and set aside, the instant application was filed.

2. Learned counsel for the applicant submitted that the learned revisional Court relied on a decision of the learned Single Judge of this Court in the case of Natural Sugar and Allied Industries Ltd. and anr. Vs. Razzak s/o Hazi Gaffar and ors. reported in 2006(4) Mh.L.J. 771 and passed the impugned order holding that there could not be order of issuance of process against the company incorporated under the Companies Act in accordance with the said decision in which reference was also made to the earlier Supreme Court decision. He then submitted that there is a Constitution Bench judgment in the case of Standard Chartered Bank and ors. Vs. Directorate of Enforcement and ors. Reported in 2005(4) SCC 530 which was noticed by the learned Single Judge but was not properly applied and therefore, accord




































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