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2016 Supreme(Guj) 908

J.B.PARDIWALA
Nikhil P Gandhi – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Shekhar Nephde, Mahendra Anand, S.I. Nanavati, Mihir Thakore, Senior Advocates, Sanjeev Dave, Vaibhav Shukla, Dipen C. Shah, Amit Panchal and V.D. Nanavati, Advocates
For the Respondents:Abad Ponda, Senior Advocate, Mukul Taly, Jayesh Barot, B.M. Patel, Haresh H. Patel, Advocates and H.K. Patel, A.P.P.

JUDGMENT :

J.B. Pardiwala, J.

1. Since the issues raised, in all the captioned applications, are more or less the same, and the relief prayed for is also to quash the selfsame criminal case, those were heard analogously are being disposed of by this common judgment and order.

2. The facts of this case may be summarized as under:

2.1 The complainant M/s. Sharda Steel Corporation is a partnership firm registered under the Partnership Act. The complainant firm is engaged in the business of supply of Steel, Cement, etc. Shri Bharat B. Shah is one of the partners of the firm. One Shri Chimanlal B. Shah is an authorized person so far as the business of the partnership firm is concerned. Both Shri Bharat B. Shah and Shri Chimanlal B. Shah are brothers.

2.2 The Gujarat Pipavav Port Limited (original accused No. 1) is a company incorporated under the Companies Act. The accused Nos. 2 to 19 shown in the complaint are the Directors and other Office Bearers of the company.

2.3 Sometime in the decade of early 90's, the company started constructing a Jetty at the Pipavav Port. An agreement was entered into between the complainant firm and the accused company for supply of Steel, Cement, etc. for the p






























































































































































































































































































































































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