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Shah Rajendrabhai Jayantilal vs D.Pranjivandas And Sons ...

High Court Of Gujarat|07 April, 2015
1 Issue Notice to the respondents, returnable on 25th June, 2015. Mr. Shah, the learned additional public prosecutor waives service of notice for and on behalf of the respondent No.2 - State of Gujarat.
2 Respondent No.1 be served directly through the investigating officer of the concerned police station. Direct service is permitted.
3 The issue raised in this application prima facie appears to be squarely covered by a decision of the Supreme Court in the case of Anita Handa vs. M/s. Godfather Travels & Tours Pvt Ltd, [2007(11) SCC 297, wherein the Supreme Court has taken a view that if the company is not impleaded as accused, the complaint Page 1 of 2 R/SCR.A/1970/2015 ORDER against a Director of the company would not be maintainable. A plain reading of the expression "company" as used in sub­clause (a) of the explanation appended to Section 141 is that it is inclusive of any body corporate or "other association of individual". The term "association of individuals" will include club, trust, Hindu Undivided Family business. Prima facie, it shall have to be construed ejusdem generis along with other expression "company" or "firm". Therefore, a joint family business must be deemed as a juristic person like a company or firm.
4 Having heard Mr. Sethna, the learned advocate appearing for the applicant and having gone through the materials on record, I am of the view that the applicant has been able to make out a strong prima facie case to have an interim order in terms of paragraph No.8(B). I, accordingly, grant such relief.
(J.B.PARDIWALA, J.) chandresh Page 2 of 2
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