Nariman Point Building Services and Trading Pvt. Ltd. Vs. Union of India & Ors.
EmailAppeal: Transfer Petitions Nos.42 to 63 of 1988
Petitioner: Nariman Point Building Services and Trading Pvt. Ltd.
Respondent: Union of India & Ors.
Apeal: Transfer Petitions Nos.42 to 63 of 1988
Judges: SABYASACHI MUKHARJI & S.RANGANATHAN, JJ.
Date of Judgment: May 09, 1988
Head Note:
COMPANIES ACT, 1956:
Section 43(A) – Interpretation of – Parties at liberty to apply in respect of the cases requiring interpretation of Section 43(A) before the Additional Chief Metropolitan Magistrate, for early hearing.
JUDGEMENT:
O R D E R
1. Transfer all the Complaint Cases before the respective Courts at Bombay and Hyderabad, namely:
2. Transfer of C.C. Nos. 485/RC, 486/RC of 1987, C.C.Nos. 445/RC to 451/-RC, 353/RC & 354/RC of 1988 on the file of Additional Chief Metropolitan Magistrate, III Court, Esplanade, Bombay; and C.C. No. 330 of 1987, STC Nos. 363,368, to 372, 389 to 391 of 1987 and STC No. 31 of 1988 on the file of Special Judge for Economic Offences, Hyderabad, to a Competent Court having the same jurisdiction at Madras or on the file of the Additional Chief Metropolitan Magistrate, Madras(E.O.I.), to be tried along with :
Criminal M.P. No. 860/87
3. EOCC Nos. 41 to 72, 82, 129, to 132, 162 to 169 of 1988 on the file of Additional Chief Metropolitan Magistrate, (E.O.I.) Madras; and
4. E.O.C.C. Nos. 821 to 828 of 1987, 9, 10, 34 to 39, 94 to 110, 114 to 128 of 1988 on the file of Additional Chief Metropolitan Magistrate (E.O.I.) Madras. The parties will be at liberty to apply in respect of the cases requiring interpretation of Section 43(A) of the Companies Act before the Additional Chief Metropolitan Magistrate, for early hearing. All the cases involving points on the Companies Act may be taken together and one of them will be taken up first. If such an application is made, the Magistrate will decide it in accordance with law.
5. The Transfer Petition are disposed of accordingly.
1. Transfer all the Complaint Cases before the respective Courts at Bombay and Hyderabad, namely:
2. Transfer of C.C. Nos. 485/RC, 486/RC of 1987, C.C.Nos. 445/RC to 451/-RC, 353/RC & 354/RC of 1988 on the file of Additional Chief Metropolitan Magistrate, III Court, Esplanade, Bombay; and C.C. No. 330 of 1987, STC Nos. 363,368, to 372, 389 to 391 of 1987 and STC No. 31 of 1988 on the file of Special Judge for Economic Offences, Hyderabad, to a Competent Court having the same jurisdiction at Madras or on the file of the Additional Chief Metropolitan Magistrate, Madras(E.O.I.), to be tried along with :
Criminal M.P. No. 860/87
3. EOCC Nos. 41 to 72, 82, 129, to 132, 162 to 169 of 1988 on the file of Additional Chief Metropolitan Magistrate, (E.O.I.) Madras; and
4. E.O.C.C. Nos. 821 to 828 of 1987, 9, 10, 34 to 39, 94 to 110, 114 to 128 of 1988 on the file of Additional Chief Metropolitan Magistrate (E.O.I.) Madras. The parties will be at liberty to apply in respect of the cases requiring interpretation of Section 43(A) of the Companies Act before the Additional Chief Metropolitan Magistrate, for early hearing. All the cases involving points on the Companies Act may be taken together and one of them will be taken up first. If such an application is made, the Magistrate will decide it in accordance with law.
5. The Transfer Petition are disposed of accordingly.
