ANIRUDDHA BOSE,J. - (1.) This application, supported by Judge's summons has been taken out by Hungerford Investment Trust, (the applicant) seeking an enquiry under Section 340 of the Code of Criminal Procedure, 1973. Prayers have also been made for initiation of contempt proceeding in relation to making of false statements in four different pleadings in proceedings registered as C.A. No. 493 of 2006, counter-affidavit to C.A. No. 106 of 2015, counter-affidavit to C.A. No. 109 of 2015 and supplementary counter-affidavit to C.A. No. 360 of 2015. The applicant further seeks an inquiry into offences alleged to have been committed under Section 195(1)(b) of the 1973 Code, against the persons whose names have been disclosed in paragraphs 81 and 82 of the application and recordal of finding thereof and also direction upon an officer to be appointed by this Court for making complaint into the offences under Sections 191, 192, 193, 199, 200, 202, 209 and 120B of the Indian Penal Code, 1860 and for sending such complaint to the Magistrate having jurisdiction in relation to such complaint. There are other directions which the applicant has made prayer for in this application, which include referring the matter for criminal contempt of the Court to a Division Bench of this Court in exercise of power under Section 15(2) of the Contempt of Courts Act, 1971. Direction has also been sought for providing the applicant with a sum of Rs.2,50,000/- being legal costs and expenses in connection with this application, in exercise of power of this Court under Section 382 of the 1973 Code.
(2.) The substance of the allegations of the applicant in relation making false statements in the aforesaid four pleadings is in connection with an application registered as C.P. No. 33 of 1988. That application, instituted under Sections 397 and 399 of the Companies Act, 1956 was dismissed by a learned Single Judge of this Court on 21st June 2007, and the order of dismissal was sustained by an Hon'ble Division Bench of this Court. Subsequently, Hungerford Investment Trust (H.I.T.) had taken out an application on 2nd July 2006, registered as C.A. No. 491 of 2012 seeking to substantiate control over Turner Morrison and Co. Ltd. and its subsidiaries, and various directions were prayed for in that regard. The main ground for dismissal of the petition under Sections 397 and 399 of the Companies Act, 1956 was lack of locus on the part of the applicant and it was found by the Court that the applicant had lost the eligibility criteria. A petition seeking to review the dismissal order of the Appellate Bench was also dismissed by a Division Bench of this Court on 7th April, 2015.
(3.) The specific plea of the applicant is making of false statements have been outlined in paragraph 2(a) of the subject application. The facts narrated in the aforesaid pleadings, which according to the applicant constitutes false statements, are:- i. "That the applicant company's entire shareholding in Turner Morrison of 2295 shares have been sold by auction in 1994. ii. That the 12 shares registered in the names of 4 individuals do not belong to the applicant company, iii. That Turner Morrison Ltd has never recognised the right of the applicant Company over these 12 shares. iv. That by sale of shares by auction in 1994, the applicant is now left with no shares in Turner Morrison Ltd." The allegations made by the applicant of making false statements appear to have a bearing on the reasoning based on which the applicant's petition for mismanagement and oppression was dismissed. The judgments and orders of dismissal of the applicant's appeal (APOT No. 440 of 2007) and the Review Petition were, however, not appealed against before any superior forum.;