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Ballavdas Agarwala vs Shri J. C. Chakravarty on 15 January, 1960

Learned counsel for the Ist respondent relied upon Ballavdas Agarwala v. Shri J.C. Chakravarty, [1960] 2 SCR 739 in support of his contention that the company's com- plaint suffered from an irregularity not curable under Section 465 Cr.P.C. In the view we have taken of the matter viz. that Mr. Atul Mathur had the requisite authority to file the complaint on behalf of the company, the question does not survive for consideration. The cross-objections must therefore fails even if entertained. For the aforesaid reasons, the judgment of the High Court is not sustainable. We therefore, allow the appeal, set aside the judgment of the High Court and restore the judgments of the Additional Chief Metropolitan Magistrate and the Additional Sessions Judge. However, the first respondent is given time till 30.9.89 to deliver possession of the flat to the company failing which the sentence of imprisonment awarded to him would be enforced.
Supreme Court of India Cites 38 - Cited by 52 - S K Das - Full Document
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