PROSECUTION AGAINST GODREJ & BOYCE MFG.CO LTD.

SESSIONS JUDGE HH D U MULLA OF THE BOMBAY SESSIONS COURT DIRECTED ISSUANCE OF PROCESS AGAINST GODREJ & BOYCE MFG CO. LTD AND ITS CHAIRMAN ADI GODREJ FOR CONTRAVENTION OF THE PROVISIONS OF MAHARASHTRA OWNERSHIP FLAT ACT AND IN PARTICULAR FOR THE SALE OF PARKING SPACE TO A FLAT PURCHASER.

ADVOCATE S B SHETTY HAD INSTITUTED A COMPLAINT AGAINST THE PROMOTER GODREJ IN THE METROPOLITON MAGISTRATES COURT WHICH WAS DISMISSED BY THE MAGISTRATE U/S 203 OF CRPC. A REVISION AGAINST THE SAID ORDER WAS PREFERRED IN THE SESSIONS COURT WHO WAS PLEASED TO QUASH AND SET ASIDE THE ORDER. AGAINST THE SAID ORDER GODREJ AND BOYCE FILED A PETITION IN THE BOMBAY HIGH ON THE TECHNICAL GROUND THAT THE SESSIONS JUDGE DID NOT GRANT THEM A HEARING BEFORE QUASHING AND SETTING ASIDE THE ORDER.

ON BEHALF OF THE COMPLAINANT THE ADVOCATE CONSENTED FOR REMANDING BACK THE MATTER TO THE SESSIONS COURT FOR A GIVING AN OPPORTUNITY OF HEARING TO THE PROMOTER GODREJ DESPITE THE PROMOTER NOT BEING ENTITLED FOR A HEARING U/S 398 OF CRPC.

THE ORDER DATED 5TH OCTOBER 2009 WAS PASSED AFTER GIVING THE PROMOTER AN OPPORTUNITY OF HEARING.  ONCE AGAIN THE ORDER DISMISSING THE COMPLAINT WAS QUASHED AND SET ASIDE AND THE COURT ORDERED ISSUANCE OF PROCESS.  EARLIER ORDER WAS PASSED BY HHJ S M SHEMBOLE WHEREAS THE PRESENT ORDER HAS BEEN PASSED BY HHJ D U MULLA.

HHJ D U MULLA  WAS OF THE OPINION THAT THE LEARNED MAGISTRATE HAD NOT APPLIED HIS MIND WHILE DISMISSING THE COMPLAINT. THIS HAS RESULTED IN A NUMBER OR PROCEEDINGS. THE LEARNED SESSIONS JUDGE ALSO HELD THAT AVAILABILITY OF A CIVIL REMEDY DOES NOT BAR INSTITUION OF CRIMINAL PROCEEDINGS.