MEDICARE FOUNDATION PVT. LTD. Vs. STATE OF GOA
LAWS(BOM)-2022-1-310
HIGH COURT OF BOMBAY (FROM: PANAJI)
Decided on January 14,2022

Medicare Foundation Pvt. Ltd. Appellant
VERSUS
STATE OF GOA Respondents

JUDGEMENT

- (1.)By this Writ Petition, the petitioner-Company (original accused no. 3) has approached this Court, challenging an order dtd. 25/11/2019, passed by the Sessions Court, whereby the petitioner-Company has been directed to depute some other authorized person, failing which, the prosecution is directed to take steps against the petitioner-Company (accused no. 3).
(2.)The said order is passed in the backdrop of a prosecution launched against the respondent no. 2 (original accused no. 1), respondent no. 3 (original accused no. 2) and the petitionerCompany (original accused no. 3), for offences under Ss. 119, 120, 201, 420 read with Sec. 120-B of the IPC and Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988.
(3.)During the course of the proceedings before the Sessions Court, an order dtd. 15/11/2018, came to be passed, whereby it was recorded that the respondent no. 3 herein (accused no. 2) was permitted to represent the accused no. 3 i.e. the petitionerCompany, in the proceedings. The said order appears to have been passed on a prayer to that effect made by the petitionerCompany i.e. the accused no. 3. In this backdrop, respondent no. 3 i.e. original accused no. 2 filed an application for recalling/modification of the order dtd. 15/11/2018. In the said application, it was specifically stated by the respondent no. 3 (accused no. 2) that neither an opportunity of hearing nor to file response to the request made on behalf of the petitioner (accused no. 3), was granted, while passing the order dtd. 15/11/2018. It was submitted that the respondent no. 3 (accused no. 2) was no longer a majority shareholder of the Company and he was holding a negligible share i.e. less than 2% and therefore, he could not represent the petitioner Company i.e. the original accused no. 3. In this backdrop, a prayer was made for recalling the order dtd. 15/11/2018.


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