* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 12^th March, 2025 Pronounced on: 27^th June, 2025 + CRL.A. 328/2021, CRL.M.A. 17707/2021 (stay)

1. M/S NULON INDIA LTD.

A company incorporated under the Companies Act, 1956 having its office at Block No.4, Tribhuvan Complex, Delhi-Mathura Road, New Delhi-110065 Through its authorised representative Sh. G.P. Chobey Email ID-cpvig44@gmail.com Mob. No.9818444953 .....Appellant No.1

2. SH. K.K. GOLYAN S/o Sh. M.P. Golyan Director of M/s Nulon India Ltd.

having its office at Block No.4, Tribhuvan Complex, Delhi-Mathura Road, New Delhi-110065 Email ID-cpvig44@gmail.com Mob. No.9818444953 ....Appellant No.2

3. SMT. SMITI GOLYAN W/o Sh. K.K. Golyan Director of M/s Nulon India Ltd.

having its office at Block No.4, Tribhuvan Complex, Delhi-Mathura Road, New Delhi-110065 Email ID-cpvig44@gmail.com Mob. No.9818444953 ....Appellant No.3

4. SH. G.P. CHOBEY S/o Late M.L. Chobey Signature Not Verified Signed By:RITA CRL.A. 328/2021 Page 1 of 20 AR of M/s Nulon India Ltd.

having its office at Block No.4, Tribhuvan Complex, Delhi-Mathura Road, New Delhi-110065 Email ID-cpvig44@gmail.com Mob. No.9818444953 ....Appellant No.4 Through: Mr. C.P. Vig, Advocate.

versus

1. STATE (Govt. of NCT of Delhi)

Email ID-dhcprosecutiondelhipolice@gmail.com Mob. No.9891919168 .....Respondent No.1

2. M/S ISHWAR INDUSTRIES LTD.

A company incorporated under the Companies Act, 1956 Having its Regd. Office at Ishwar Nagar, Tribhuvan Complex, Delhi-Mathura Road, New Delhi-110065 Through its Director Sh. Bharat Bhaskar Email ID-bharatbhaskar@yahoo.com Mob. No. 8171601176 .....Respondent No.2 Through: Mr. Utkarsh, APP for the State.

Ms. Ekta Mehta, Mr. Antarik Chakrabarti, Ms. Zainab Khan, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Appeal under Section 341 of the Code of Criminal Procedure, 1973 (hereinafter referred to as „Cr.P.C‟) has been filed on behalf of the Signature Not Verified Signed By:RITA CRL.A. 328/2021 Page 2 of 20 Appellants against the impugned Order dated 16.01.2021 of learned ADJ- New Delhi, who had taken cognizance under Section 340 Cr.P.C. against the Objector Company/Appellant No. 1 (M/s Nulon India Ltd.), for the offence under Section 209 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC’) and has directed a Complaint to be filed before the learned CMM, New Delhi.

2. Briefly stated, the Appellant No.1 herein i.e. M/s Nulon India Ltd. had filed Suit No. 36/2003, titled ‘M/s Nulon India Ltd. vs. The Ishwar Industries Ltd.‟ for Permanent Injunction against M/s Ishwar Industries , which was decreed vide Judgment dated 31.10.2005 whereby the Respondent No. 2 was restrained from demolishing the office portion of the Appellant No.1, without due process of law and also restrained from dispossessing the Appellant No.1 from the office portion of the property in Block No. 4, Tribhuvan Complex, Delhi Mathura Road.

3. Thereafter, M/s Ishwar Industries Ltd. filed Suit No. 9831/2016 (Old No. 1317/2005)/Respondent No.2 against M/s Gallus Chattles Pvt. Ltd., M/s Colorado Chattles Pvt. Ltd., M/s Crocus Chattles Pvt. Ltd. and M/s Nulon Global Ltd. for Recovery of Possession and Mesne Profits. The Suit was decreed vide Judgment dated 19.02.2020 by the learned ADJ whereby the defendants i.e. the four Companies, were directed to hand over the physical vacant possession of the Suit Property at Tribhuvan Complex, Main Mathura Road, within 30 days to the Plaintiff/Respondent No. 2 and were also restrained from creating third party rights in the property or to carry out further additions and alternations. In addition, decree of damages/mesne profits, was passed in favour of the Respondent No. 2 @Rs.75 per square Signature Not Verified Signed By:RITA CRL.A. 328/2021 Page 3 of 20 feet w.e.f. 23.11.1996, till the date of delivery of possession. Interest @ 12% p.a. was also awarded. The cost of Rs.3,00,000/- were imposed out of which, Rs.2,00,000/- were directed