DREAM LOGISTICS INDIA PVT. LTD. & ORS. Vs. STATE OF GOA & ANR.
HIGH COURT OF BOMBAY (AT: PANAJI)
Dream Logistics India Pvt. Ltd. And Ors.
State Of Goa And Anr.
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(1.) By this petition under Articles 226 and 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973 (Code, for short), the petitioners are seeking quashing of the final report/charge sheet No. 21/2015, before the learned Judicial Magistrate First Class at Margao.
(2.) The brief facts necessary for the disposal of the petition may be stated thus:
The petitioner no. 1 is a Company incorporated under the Companies Act, 1956, having its registered office at Yellapur, Karnataka. The petitioner no. 2 is the Managing Director of the petitioner no. 1. The respondent no. 3, who is the wife of respondent no. 2, was a Director of the petitioner no. 1. She has since resigned on 11.10.2010. Petitioner no. 4 has also resigned from the Directorship of the Company on 01.04.2011. Petitioner no. 5 is an existing Director of the petitioner no. 1.
(3.) On 02.06.2011, the petitioner no.1 had entered into a contract to sell 56,450 wet metric ton (WMT) of iron ore fines to M/s Shivnath Minerals and Chemicals (M/s SMC), a registered partnership firm at Raipur, Chattisgarh. As per the terms of the contract, the petitioner no. 1 was required to ship the consignment from Mormugao Port, Goa to Rizhao Port, China. As per the terms of the contract, the petitioner no. 1 was required to get the iron ore fines analysed by the respondent no. 2-M/s Intertek India Pvt. Ltd. (M/s IIPL), in order to ensure that the iron ore is of grade 51 (51% Fe content) and above.;
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