IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-20345 of 2009 Date of Decision:- 28.07.2009 Ebony Retail Holdings Ltd., Ludhiana Unit ....Petitioner(s) vs. M/s Cotton & Blends Inc.-(1) and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Alok Jain, Advocate, for the petitioner. *** AUGUSTINE GEORGE MASIH, J. (Oral) Counsel for the petitioner does not press the present petition at this stage. Dismissed as not pressed at this stage. Counsel prays that the application dated 16.05.2009 (Annexure P-6), which has been moved by the petitioner for dismissal of the complaint, and is slated to be fixed for 01.08.2009, may be considered and decided. He further states that personal appearance of the petitioner and the other accused persons, who had been arrayed as Directors of the Company, be exempted. The prayer of the petitioner is allowed to the extent that if the accused appear before the trial Court and move such application(s) with the above mentioned undertaking, the application(s) of the accused would be considered by the trial Court and exemption from personal appearance would be granted to them, however, subject to the conditions that they; (i) shall be represented by a counsel before the learned Judicial Magistrate; Crl.Misc.No.M-20345 of 2009 -2- (ii) shall not dispute their identity as accused; (iii) shall have no objection if the evidence is recorded in their absence; (iv) shall come present before the learned trial Court as and when required; and (v) shall comply with any other condition(s) that may be imposed by the learned trial Court. As regards the application dated 16.05.2009 for dismissal of the complaint, which is now slated to be fixed for 01.08.2009 before the trial Court for further consideration,the same be considered and decided by the trial Court expeditiously. July 28, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE