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2019 Supreme(J&K) 123

Maneesh Pharmaceuticals Pvt. Ltd. – Appellant
Versus
Pharose Remedies Ltd. – Respondent


Appearing Counsel:
For the Petitioner(s):M/s Rajneesh Oswal and Achal Sharma, Advocates
For the Respondent(s):Mr. Anuj Dewan Raina, Advocate

Judgment

1. By way of instant petition, petitioners seek quashment of Criminal Complaint No.40 instituted on 21.02.2009 titled “M/s Pharose Remedies Ltd. and Anr. Vs. M/s Manish Pharmaceuticals Pvt. Ltd. and Ors.” for offences under Sections 406, 418, 420, 420-A, 422 read with Section 120-B Ranbir Penal code pending in the court of learned 1st Addl. Munsiff, Jammu. Petitioners also seek quashing of order dated 21.02.2009 by virtue of which cognizance has been taken in the complaint and subsequent proceedings thereto.

2. The main facts as enumerated in this petition are that on 11th March. 2005, an Agreement has been reached between M/s Pharose Remedies Ltd. and M/s Maneesh Pharmaceutical Private Limited at Mumbai regarding getting pharmaceutical products manufactured by the respondents-company. As per the Agreement necessary raw materials including packing materials required by M/s Pharose Remedies Limited for processing and packaging of the finished products were to be supplied by the petitioners. Fulfilling the part of the agreement, petitioners supplied raw material along with all necessary material to the respondents M/s Pharose Remedies Ltd. Petitioners also supplied machinery t













































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