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1994 Supreme(Online)(Bom) 16

BOMBAY HIGH COURT
, J
Smt. Abhilash Vinod Kumar Jain – Appellant
Versus
M/s Cox and Kings (I) Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Shri Sakhardande
For the Respondents: Shri Iqbal Chagla

Table of Content
1. scope of s. 630's applicability. (Para 1)
2. arguments against perceived discrimination in s. 630. (Para 2 , 4)
3. court's views on litigation types and conduct. (Para 3 , 5)
4. rejection of license argument. (Para 10 , 11 , 12)
5. applicability of s. 630 to legal heirs discussed. (Para 13 , 14 , 15)
6. continuation of prosecution post-employee's death. (Para 16 , 19 , 20)
7. discrimination challenge to s. 630 is rejected. (Para 24 , 25 , 26)
8. concluding remarks and direction to trial court. (Para 33 , 34 , 36)
9. stay application post-judgment. (Para 38)

1. One more dimension concerning the ambit and scope of S. 630 of the Companies Act, 1956 has been canvassed in this case. The issue is briefly summarized in the question as to whether the criminal action contemplated u / S. 630 of the Companies Act for retrieval of company property or premises wrongfully withheld is maintainable against the legal heirs of a deceased employee. More exactly, the two possible situations that are illustrated are, firstly, where the employee has died in service and the legal heirs wrongfully withheld possession of the premises, and secondly, where the employee himself, who has wrongfully














































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