Order 1

Order Details: Order
Pdf Text: ORDER BELOW SUBSTITUTION APPLICATION
IN C.C. NO.5020/SS/2018
1) This is an application moved by complainant with the
prayer that permission be granted to substitute the authorized person of
complainant company.
2) It is averred in the application that earlier representative of
complainant has left the complainant company on 01/10/2019 and
complainant company has authorized Mr. Santosh Birendra Singh to
represent the complainant company. So, complainant be permitted to
make substitution of authorized person.
3) Accused did not file say. However, today ld. Advocate for
accused orally submitted that necessary order may be passed.
4) Heard both sides. Before dwelling upon merit of present
application I usefully refer ratio laid down in the case of
Associated
Cement Com. Ltd Vs. Keshwanand (1998)1 SCC 687 wherein it is held
that, no magistrate shall insist that the particular person, whose
statement was taken on oath at the first instance, alone can continue to
represent the company till the end of the proceedings. There may be
occasions when a different person can represent the company e.g. the
particular person who represents the company at the first instance may
either retire for, the company's service or may otherwise cease to
associate therewith or he would be transferred to a distant place. In
such cases it would be practically difficult for the company to continue
to make the same person represent the company in the court. In any
such eventuality it is open to the de jure complainant company to seek
permission of the court for sending any other person to represent the
company in the court.
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5) Now turned to case in hand. Present application is
supported by affidavit and copy of board resolution dated 30/05/2017
which corroborates the averments made in the application. In view of
ratio laid down by Hon'ble Apex Court in the case of
Associated Cement
Com. Ltd (cited supra) complainant is required to be permitted to make
substitution as prayed for. Hence order.
ORDER
1. Application is hereby allowed.
2. Complainant is hereby permitted to make substitution as
prayed for.
Sd/-
Date: 05/12/2019 ( Ketaki M. Chavan)
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai
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