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Showing contexts for: mseb in Asoke Basak vs State Of Maharashtra & Ors on 8 October, 2010Matching Fragments
Certain disputes arose between MSEB and respondent No. 2. On 16th September 2003, respondent No. 2 informed MSEB that they were no longer interested in participating in any tenders which may be floated by MSEB and sought immediate refund of the said amount of `5 lakhs.
5. The Chief Engineer (Distribution), MSEB vide his letter dated 6th March 2004, informed respondent No.2 that the deposit of `5 lakhs had been adjusted by MSEB against the dues payable by respondent No.2 to MSEB.
11. Per contra, Mr. Ranjit Kumar, learned senior counsel appearing for respondents No.2 to 4 urged that since the deposit was in the nature of an interest free security, solely for the purpose of ensuring that contracts would be duly entered into if the tenders were awarded by MSEB to the respondents, it was in the nature of an entrust. In support, reliance was placed on the decision of this Court in Rai Bahadur Seth Jessa Ram Fatehchand Vs. Om Narain Tankha & Anr.7, wherein it was held that the fact that the security deposit did not attract interest, would lead to the inference that the deposit was an entrustment. It was further contended that the entrustment with MSEB enjoins the role of a trustee on the natural persons who controlled the MSEB at the material time, and therefore in light of the decision of this Court in Jaswantrai Manilal Akhaney Vs. State of Bombay8, it was fallacious to contend that the accused did not have dominion over the subject deposit. It was also AIR 1967 SC 1162 AIR 1956 SC 575 contended that the remedies under the criminal law and civil law are not mutually exclusive but co-extensive; they differ in their content, scope and consequence and, therefore, even when a civil remedy is available, a criminal prosecution is not barred.
16. Bearing in mind the aforestated legal position in regard to the width of power of the High Court under Section 482 of the Code, we shall now advert to the facts at hand. For the sake of ready reference, we may extract the relevant portions of the complaint containing allegations against the appellant. These are:
"7. On or about March 2001 an amount of `5 Lacs was caused to be deposited by the Company as Security Deposit in view of Bank Guarantee to be used for tenders to be filed by the Company with the MSEB from time to time in the future. The payment was made on behalf of the Complainant No. 1 by the Bank of Maharashtra having its registered office at Lokmangal, Shivaji Nagar, Pune. The said amount of `5 Lacs was therefore in the dominion of the Accused. The amount was entrusted/bailed to the MSEB by the Complainant and came under the dominion of the Accused and was to be used as security for future contracts only, if any, and was to be refunded if the Complainant Company so desired, at any time. The amount was not to be used for any other purpose whatsoever. Vide letter dated 9.7.2002, the MSEB acknowledged receipt of `5 Lacs from the Complainant Company.
8. Vide letter dated 16.9.2003 the Company informed the MSEB that it no longer desired (sic) to participate in any tenders floated by the MSEB and sought immediate refund of the amount of `5 Lacs. On 16.9.2003, the Complainant informed the MSEB that it had not participated in any tenders under the said Security Deposit of `5 Lacs. It was expected and legally necessary that the MSEB forthwith refund the said amount to the Complainant as there were no tenders pending filed by the Complainant Company on the date of seeking refund.