CRL OP/34480/2019 of SIMPSONS AND CO LTD Vs THE INSPECTOR OF POLICE on 30 December 2019

fIN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30.12.2019CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHANCrl.O.P.Nos.34480 and 34687of 2019andCrl.M.P.No.19251 of 2019

Simpsons & Co. Ltd.,861, Anna Salai,Chennai-600 002.Represented by S.Ramani,General Manager (Legal and Indirect Taxation). .. Petitioner in Crl.O.P.No.34480/2019

CAFOMA Auto Parts Pvt Ltd.,Plot No.13A, Sipcot Industrial Complex,Ranipet-632 403,Vellore District. Rep by its Managing Director Palaniappan

.. Petitioner in Crl.O.P.No.34687/2019

Vs

The Inspector of Police, Law and Order,SIPCOT Police Station,Ranipet-632 403.... 1[st] respondent in both Crl.O.Ps.The Management of CAFOMAAuto Parts Pvt Ltd.,Plot No.13A, Sipcot Industrial Complex,Ranipet-632 403,Vellore District. ... 2[nd] respondent in Crl.O.P.No.34480/2019The Workmen of CAFOMArepresented by Mr.Sudarshanresiding at Karaikut Road,Ranipet-632 401.... 3[rd] Respondent in both Crl.O.Ps.

Simpsons & Co. Ltd.,861, Anna Salai,Chennai-600 002.Represented by itsGeneral Manager (Legal and Indirect Taxation)

... 2[nd] respondent in Crl.O.P.No.34687/2019

Prayer in Crl.O.P.No.34480/2019: Criminal Original Petitionfiled under Section 482 Cr.P.C. to direct the 1[st] respondentpolice to give police protection to the 2[nd] respondent so as toenable the petitioner to remove these articles from the premisesof the 2[nd] respondent situated at Plot No.13A, Sipcot IndustrialComplex, Vellore.

Prayer in Crl.O.P.No.34687/2019: Criminal Original Petitionfiled under Section 482 Cr.P.C. to direct the 1[st] respondentpolice to provide such full and adequate protection as may berequired to the petitioner to enable the petitioner to removethe Schedule Mentioned Goods lying at its Factory at PlotNo.13A, SIPCOT Industrial Complex, Ranipet-632 403, VelloreDistrict, India.

Heard the learned counsel appearing for the petitioners inboth Crl.O.Ps and the learned Government Advocate appearing forthe respondent police.

https://hcservices.ecourts.gov.in/hcservices/

2. M/s.CAFOMA Auto parts Private Limited is a companyengaged in the business of manufacture of crankshafts and metalworks such as casting, forging and machining and they have donemachining job work for Simpsons and Company Limited.

3. Learned counsel appearing for the Simpsons andCompany Limited produced a copy of the invoice which indicatesthat the value of the job work is Rs.26,18,240.86. The Jobwork appears to be substantially completed and now Simpsons andCompany Limited wants those parts back for the purpose ofmounting them on the tractors, as they have to meet out certainurgent export obligations, but then, there appears to havearisen some industrial dispute between the Management ofCAFOMA Auto Parts Pvt Ltd and its workers and the same ispending. The workers of CAFOMA Auto Parts Pvt Ltd arepreventing the removal of the goods belonging to Simpsons andCompany Limited. That's why,these Original petitions have beenfiled for providing police protection.

4. Leaned counsel appearing for Simpsons and CompanyLimited states that a sum of Rs.26,18,240/- can be directedto be deposited in some account, and the disbursal of thesame can be made based on any order that may be passed in anymiscellaneous petition filed either at the instance of theManagement or the interested workmen. Learned Counselappearing for the CAFOMA Auto Parts Pvt Ltd has no objection forthis course of action.

5. This in my view will meet the interest of all theparties concerned. It is relevant to mention here that theworkmen/ union of CAFOMA/3[rd] respondent have declined toreceive the private notice ordered by this Court inCrl.O.P.No.34480 of 2019.

6. Therefore both the Original Petitions are allowed andthe 1[st] respondent/Inspector of Police, Law and Order, SIPCOTPolice Station, Ranipet is directed to render police protectionfor the removal of the petition mentioned articles lying inthe campus of CAFOMA Auto Parts Pvt Limited and which were givenby Simpson and Company Limited for job work. The list ofarticles is set out in Crl.O.P.No.34480 of 2019 in para 12.

7.Learned counsel for the petitioner is directed tofurnish a Demand Draft for the sum of Rs.26,18,241/- (Rupeestwenty six lakhs eighteen thousand and two hundred and forty oneonly) drawn in favour of the Registrar General, High CourtMadras, who shall invest the said amount in an interestbearing account. It is open to the Management/Workmen of CAFOMAconcerned to file a miscellaneous petition for disbursal of thesaid amount in Crl.O.P.No.34480 of 2019.

8. With the above direction, these criminal originalpetitions are allowed. Consequently, connected Crl.M.P.No.19251of 2019 is closed. Sd/-Vacation Officer // True Copy//

Sub Assistant Registrar

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