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january 2001

Supreme Court of India · 2001-01-18

M/S J.K. (BOMBAY) LTD. vs BHARTI MATHA MISHRA

Citation / case number
SC 1999/10146
Court
Supreme Court of India
Petitioner
M/S J.K. (BOMBAY) LTD.
Respondent
BHARTI MATHA MISHRA
Bench
K.T. THOMAS & R.P. SETHI

Judgment text excerpt

The Supreme Court addressed whether family members of an employee can be prosecuted under Section 630 of the Companies Act for wrongful withholding of company property. The Court clarified that the term 'officer or employee' in Section 630 does not extend to family members, thus overturning the interpretation from Abhilash Vinod Kumar Jain v. Cox & Kings (India) Ltd. The Court held that only the employee or ex-employee can be held liable under this provision, leading to the dismissal of the complaint against the family members.

M/S J.K. (BOMBAY) LTD. vs BHARTI MATHA MISHRA · Niyam