Tirthankar Ghosh, J. - (1.) The present revisional application has been preferred against the order dated 17-4-2019 passed by the ACJM, Durgapur in connection with Complaint Case No. C-100455 of 2018 under Section 452 of the Companies Act, 2013, wherein the Ld. Magistrate was pleased to reject the prayer of the petitioner for delivery of possession of the premises/flat in issue, so preferred under Sub-Section (2) of the Section 452 of the said Act.
(2.) The allegations made in the petition of complaint which was preferred under Section 452 of the Companies Act, 2013 are as follows:- (a) The accused/opposite party was appointed as a Welder by the complainant company vide an appointment letter dated 11-12- 1979 and the said letter contained various terms and conditions of employment, one of which being eligibility for housing accommodation on the terms during the tenure of employment of the accused/opposite party. As per the aforesaid terms the accused/opposite party was allowed housing accommodation of the company in respect of Quarter No. LR-153, ABL Township, Durgapur- 713206. (b) The company allowed the accused/opposite party to occupy the residential premises as licensee which was to be vacated immediately upon the accused/opposite party quitting the service of the company or upon the termination thereof by the company. The terms also included that in the event, the accused fails to vacate the quarter within 24 hours of his quitting service of the company, he shall be treated as trespasser. (c) The accused/opposite party retired from the service of the company on 31-3-2015 and thereafter on several occasions the accused was called upon to vacate the said quarter which he was occupying, since he was no longer entitled to occupy the same by reasons of his superannuation from the employment, however, the accused on one pretext or the other continued to occupy the said quarter. (d) The company thereafter issued a letter dated 12-4-2018 through their advocate calling upon the accused to vacate and handover peaceful possession of the said quarter to the company, but, the accused did not respond to the same and as such according to the complainant the accused was wrongfully and illegally withholding the company's quarter since 31-3-2015, thus the company was compelled to file a complaint against the accused for the offence committed by him under Section 452 of the Companies Act, 2013 for wrongfully withholding company's property.
(3.) The present petitioner being the complainant preferred an application under Sub-Section (2) of Section 452 of the Companies Act, in the proceedings thereby praying for a direction from the Ld. Court for the accused to handover possession of the said quarter being LR-153, ABL Township, Durgapur-713206 within such time as Ld. Court deems fit and proper and also prayed for an order of injunction restraining the accused person or its agents and/or servant and/or each one of them from alienating or transferring or creating a third party interest in respect of the aforesaid premises/quarter.;