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2008 Supreme(Mad) 770

M.JEYAPAUL
Sarbi Petroleum & Chemicals Pvt. Ltd. , & Another – Appellant
Versus
Caltex Lubricants India Ltd. , Gold Crest – Respondent


Advocates Appeared:
For the Petitioners:R. Krishnamurthy, Senior Counsel, A.A. Mohan, Advocate.
For the Respondent:Yashod Vardhan, R. Sunilkumar, Advocates.

JUDGMENT :-

The petition is filed by accused 1 and 2 in C.C.No.6626 of 2006 pending on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai seeking quashment of the aforesaid proceedings.

2. The petitioners are facing the case in C.C.No.6626 of 2006 for offences punishable under sections 403, 406, 417, 418, 420, 426, 427 of the Indian Penal Code.

3. The sum and substance of the complaint lodged by the respondent as against the petitioners which was taken on file by the learned XVII Metropolitan Magistrate in C.C.No.6626 of 2006 is as follows:-

The complainant is a Company registered under the Companies Act. The complainant and the first accused Company entered into an agreement for manufacturing blending and filling lubricants and other lubricant products. The complainant supplied all the raw materials and packing materials to the accused who was required to blend and pack the lubricants at their plant. The accused are entitled to service charges as per the terms of the aforesaid agreement. The materials supplied to the accused by the complainant are the properties of the complainant. The agreement expired on 33. 2003. No manufacturing operations for the complain

















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