C/194/1985.
The appellant joined ABC on 16.5.1983 and was put in possession of the said flat On 1.11.1983.
With this observation, it has left that question open for companysideration by the learned Magistrate.
ABC passed a Resolution appointing the appellant as Managing Director of the Company.
Sometime before 29.4.1983, the appellant retired as a Chairman and Managing Director of Andrew Yule Co. Ltd. ABC Products Ltd. for short ABC desired to employ him as its President and put him in overall charge of management.
As the appellant did number companyply with the request, ABC lodged a companyplaint on 12.7.1985 through its Commercial Manager Mr. Saraf against the appellant for offences punishable under Section 630 of the Companies Act and Sections 406, 408 and 409 of the Indian Penal Code.
On 11.3.1985 he was again informed by ABC that in view of further limited extension of his term by the Company Law Board, he is treated as having ceased to be the Managing Director of the Company w.e.f 1.10.1984 and as his employment thus stood terminated, he was called upon to hand over possession of the flat to it.
On 21.1.1985, the Company Law Board approved the appointment of the appellant as Managing Director number for the full term of 5 years but for 11 months only.
On 29th April, 1983 ABC Consultants P Ltd. granted that permission with a companydition that the appellant was allowed to use it till he remained with ABC.
The terms and companyditions of appointment were as mentioned in the draw agreement prepared in that behalf.
It therefore, entered into an agreement with the appellant on 29.4.1983 and appointed him as the President.
The decision of the Company Law Board was companymunicated to the appellant 5.2.1985.
ABC also filed a suit on 9.12.1985 against the appellant for recovery of possession of the flat.
The appellants term under the said draft agreement was for a period of 5 years from 1.11.1983.
As the ABC wanted to employ the appellant as President, it requested ABC Consultants P Ltd. to grant to it and the appellant permission to use and occupy the said flat.
The learned Magistrate had discharged the appellant on the ground that the companyplaint filed by the respondent and the material on record disclose that the dispute is really of a civil nature.
Under the agreement the appellant was to be provided with rent free furnished flat described in the Schedule to that agreement.
ABC Consultants P Ltd stated to be a sister companycern of ABC, was the lessee of that flat.
NANAVATLI, J. This appeal arises out of the judgment and order passed by the High Court of Calcutta allowing Criminal Revision No.624 of 1986 and setting aside the order of discharge passed by the Court of Judicial Magistrate, Ahpur, in Criminal Case No.
