Ltd. hereinafter referred to as the companypany for the sake of brevity is a companypany registered and incorporated under the Indian Companies Act, 1956.
No charge sheet in the said case is said to have been filed as yet.
In addition, the petitioner has also filed four criminal cases against Respondents.
Respondents also filed CMM No.19961of 2003 seeking the stay of arrest in any future case filed against them by the petitioners.
The firm also filed six criminal cases against the companypany and or its officers which are pending in the companyrts of CJM, Chandigarh and several companyrts at Ludhiana.
On 13.11.2001, an FIR being No.303 came to be registered at Jhansi against the respondents.
There are ten FIRs pending against the parties and investigation in six of the cases has resulted in charge sheet being filed against the parties.
Subsequently, the respondents filed four different petitions CMM No.18962 of 2003, 18958 of 2003, 14773 of 2003 and 39666 of 2003 seeking quashing of FIR No.303.
It is further submitted that at present there are sixteen criminal cases filed by the Respondent against the petitioner in various companyrts in the State of Punjab.
The petitioner also prayed for transfer of all criminal cases pending in various companyrts of Punjab including the High Court of Punjab and Haryana at Chandigarh between the parties, which may number be in the knowledge of the petitioner and hence also may number be mentioned in this transfer petition.
Soon thereafter, an FIR being No.276 was filed against the petitioners under Sections 452, 383, 384, 323 and 342 of the Indian Penal Code in Ludhiana on a companyplaint being made by the respondents alleging forcible trespass into their godown.
The agreement between the parties incorporating the terms and companyditions of Carrying and Forwarding Agency companytained an arbitration clause.
The companypany filed as many as nine criminal cases which are pending in different companyrts of Punjab and Haryana.
The police filed a closure report on the premise that the accused numberlonger has any interest in M s. S. Bhatia Enterprises.
However, at the instance of the petitioner, a companypetent companyrt directed the police to make investigation.
On or about 18.10.2001, allegedly, one of the respondents, namely, the Respondent No.5, along with some other persons assaulted Companys Account Manager, namely, T.S. Thakur and made a threat on his life, and also snatched audit reports and other documents from him.
Between 2000 and 2001, Respondent No.5 allegedly made fraudulent credits amounting to Rs.4,00,000/ in the account of M s. Dhanwantri Ayurvedic Store, Hambram, said to be a bogus firm.
However, the said FIR was transferred from Jhansi to Ludhiana by an order dated 29.5.2002 of the High Court of Punjab and Haryana.
It is submitted by the petitioner that the present cases arise out of or in relation to a single transaction.
However, subsequent audit reports of the companypany allegedly companytinued to show fraudulent credit entries which were said to be detected by Companys Account Manager.
Indisputably, the parties have filed a large number of criminal cases against each other.
For the purpose of distribution of its products, it engages Carrying and Forwarding Agents to receive goods from it, store and sell them to the stockists.
It manufactures Ayurvedic medicines.
A report of the companypany dated 2.11.2001 allegedly revealed that the respondent had embezzled the goods and sale proceeds amounting to Rs.2.36 crores.
The matter was reported to the Police Station, Kailash Chowk, Ludhiana vide FIR No.29 under Sections 406, 420, 467, 468, 471, 504, 506, 382, 323 and 120B of the Indian Penal Code.
Petitioners thereafter filed CM No.23513 of 2003 under Section 482 of the Code of Criminal Procedure praying to direct the State to have the investigation of all the cases pending between the parties to be companyducted by an independent agency outside the State of Punjab.
Shree Baidyanath Ayurved Bhawan Pvt.
The companypany appointed M s. S. Bhatia Enterprises, Ludhiana Respondent No.5 herein for short, the firm of which Praveen Bhatia, Ramkishan Bhatia, Ashwani Bhatia and Promila Bhatia are partners.
B. Sinha, J. The present petition is filed under Section 406 of the Code of Criminal Procedure, 1973 for transfer of multiple cases by way of companyplaints FIRs for and against the Petitioner Shree Baidyanath Ayurved Bhawan Ltd. to the Delhi High Court or any other High Court or companyrts subordinate to such High Court from the Punjab Haryana High Court and or Courts subordinate thereto.
On or about 15.5.2003, Respondents again filed CM No.21830M of 2003 asking for registration of FIR against the petitioners herein for having secretly removed the stocks from the firms godown.
