Huntsman International ( India ) Pvt. ... vs State Of Bihar & Anr on 12 October, 2018

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Patna High Court - Orders

Huntsman International ( India ) Pvt. ... vs State Of Bihar & Anr on 12 October, 2018

Bench: Rajeev Ranjan Prasad

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.63844 of 2018
                     Arising Out of PS.Case No. -1952 Year- 2014 Thana -PATNA COM PLAINT CASE District-
                                                             PATNA
                  ======================================================
                  1. Huntsman International ( India ) Pvt. Ltd., Lighthalla, B- Wing, Saki
                  Vihar Road, Andheri (East), P.S.- MIDC Police Station, Andheri (E)
                  Mumbai- 400072, through Shri Avinash Kumar, Authorized Representative.
                  2. Rayomand Parvez Sabawalla, S/o Parvez Gustadji Sabawalla, Huntsman
                  International (India) Pvt. Ltd., Lighthall, B- Wing, Saki Vihar Road,
                  Andheri (East), P.S.- MIDC Police Station, Andheri (E), Mumbai- 400072
                  at present Finance Director.
                                                                         .... .... Petitioner/s
                                                     Versus
                  1. The State of Bihar.
                  2. Sri Krishna Associates, through Mahabir Prasad, Churiwal, Partner, S/o
                  Late S.N. Churiwal, Maheshwari Market, Ashok Raj Path, Muradpur, P.S.-
                  Pirabhore, Patna- 800004.
                                                                    .... .... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Sandeep Kumar, Advocate
                                                 Mr. Uddyam Kukherzee, Advocate
                  For the Opposite Party/s     : Md. Ashlam Ansari, A.P.P.
                  ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                      ORAL ORDER

2.   12-10-2018

Let the defect no. 14(9) saying that the year of complaint case in para-1 and impugned order differ with the complaint petition be ignored in view of the explanation furnished by learned counsel for the petitioner in his note dated 10.10.2018.

Learned counsel for the petitioners submits that on perusal of the complaint petition and his solemn affirmation of the complainant it would appear that the complainant is claiming himself as partner of one Sri Krishna Associates. Petitioner no. 2 is the Finance Director of petitioner no. 1.

According to the complainant, his firm was appointed Patna High Court Cr.M isc. No.63844 of 2018 (2) dt.12-10-2018 2 as a distributor in the year 2005, admittedly the relationship of the complainant firm as stockist continued over certain years but thereafter it is alleged that the outstanding dues of the complainant firm is not being paid by petitioner no. 1 Company.

In the given facts and circumstances the submission is that what could have at best be a commercial dispute of civil nature has been tried to be given a colour of criminal proceeding.

Let notice be issued to opposite party no. 2 by both the process, ordinary as well as registered cover with A/D, for which requisites etc. must be filed within one week after Puja Holidays, failing which this application shall stand rejected without further reference to a Bench.

List this matter within a week after receipt of service report.

In the meantime, further proceeding as regards the petitioners in Complaint Case No. 1952(C) of 2015 pending in the court of learned Judicial Magistrate, 1st Class, Patna shall remain stayed.

(Rajeev Ranjan Prasad, J) Rajeev/-

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Patna High Court - Orders