ASHOKA MARKETING LTD Vs. ADDL REGISTRAR OF COMPANIES
HIGH COURT OF CALCUTTA
ASHOKA MARKETING LTD.
REGISTRAR OF COMPANIES
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Amitabha Dutta, J. -
(1.) This revisional application is for quashing the proceeding in Case No. C-3411 of 1967 pending in the court of the learned Chief Metropolitan Magistrate, Calcutta.
(2.) The impugned proceeding has arisen out of a complaint filed on November 14, 1967, by the Additional Registrar of Companies, West Bengal, against Ashoka Marketing Ltd., and its four directors and secretary alleging commission of an, offence under Section 629A read with Section 635B of the Companies Act, 1956. The substance of the complaint is that the accused company and four other companies, viz., Ashoka Cement Ltd., Jaipur Udyog Ltd., Rohtas Industries Ltd. and Sone Valley Portland Cement Co. Ltd., brought into existence a common concern named Sahu Cement Service with a view to getting various services including appointment of personnel for all the participating companies, that Sahu Cement Service on behalf of its constituents appointed Sri. D.N. Gupta as their registered engineer by a letter dated April 16, 1960, that thereafter, the services of Sri D.N. Gupta were lent and transferred to the accused company and Sri Gupta in fact became an employee of the accused company, that the Central Govt. ordered investigation into the affairs of the accused company under Section 237 of the Companies Act, 1956, that during the pendency of such investigation, the accused company by its letter dated June 29, 1966, terminated the services of Sri D.N. Gupta without sending prior intimation of the proposed action to the Company Law Board, and that the accused company thus contravened the provisions of Section 635B of the Companies Act, 1956, which is punishable under Section 629A of the said Act.
(3.) The learned Chief Metropolitan Magistrate, Calcutta, on receiving the complaint took cognizance and issued summons against the accused persons for their appearance by his order dated November 14, 1967.;
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