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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA, J
BRIGHTSTAR TELECOMMUNICATIONS INDIA LTD. – Appellant
Versus
STATE OF NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. factual background of the fir (Para 2 , 3 , 4 , 5) |
| 2. petitioners' claims of no prima facie case (Para 9 , 10 , 11 , 12 , 19) |
| 3. court's caution on misuse of criminal process. (Para 22 , 25 , 106) |
| 4. high court's discretion in quashing fir (Para 38 , 39 , 41 , 43) |
| 5. nature of disputes and absence of criminality (Para 50 , 51 , 72 , 73) |
| 6. key legal tests for quashing fir. (Para 53) |
| 7. vicarious liability of directors outlined (Para 115 , 116 , 131 , 135) |
| 8. conclusion to quash fir against petitioners (Para 137 , 138) |
2. Briefly stated, Petitioner/Brightstar Telecommunications India Limited (hereinafter “BTIL”) is a Company incorporated under the Companies Act, 1956, and is engaged in the business of distribution of lifestyle accessories, communication devices, IT infrastructure products (including mobile broadband devices and memory products) and provision of enterprise solutions. It is associated with various global brands in the original equipment manufacturer (OEM) space like Harman Kardon, JBL, Polycom, Huawei, Samsung amongst others.
3. Respondent No. 2, iWorld Business Solutions Ltd. (hereinafter “IBS”), is a private Company and part of a Group (hereinafter “iWorld
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