1 wp348110 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3481 OF 2010 Modi Rubber Limited ...Petitioner V/s. Ashok Mitra & Anr. ...Respondents Mr. Karan Bhosale and Mr. Hamid Ahmad i/by M/s. Divya Shah Associates for the Petitioner Mr. P.A. Pol, P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 24TH JANUARY, 2011 P.C.:- The limited grievance of the petitioner before us is that even though the complaint filed by the petitioner pertains to year 2006 and is in relation to company premises, as a result of which, proceedings under Section 630 of the Companies Act have been resorted to, the said complaint has not made any progress at all. To re-assure ourselves, we called upon the Additional Chief Metropolitan Magistrate, 9th Court, Bandra, in which Court the petitioner’s complaint is pending, to give the statistics of other complaints under Section 630 of the Companies Act, 2 wp348110 which are pending before that Court. From the report dated 13th January, 2011 received under the signature of the concerned Metropolitan Magistrate, it is noticed that there are other older cases in relation to action under Section 630 of the Companies Act pending in his Court. The oldest part-heard matter seems to be of year 1997. 2. In the circumstances, we would think it appropriate that the petitioner should approach the concerned Judge before whom the complaint is pending, and make request for expeditious hearing, which application will be considered by the concerned Judge on its own merits. 3. We make it clear that this order is not an expression either way, requiring the concerned Judge to give precedence to complaint filed by the petitioner before him, even if there are older matters pertaining to such category of cases pending before him. 4. The counsel for the petitioner submits that the complaint filed by the petitioner has not made any progress essentially because of the conduct of the respondents, who are interested in dragging the said proceedings. It will be open to the petitioner to bring this position to the notice of the concerned Judge before whom the proceedings are 3 wp348110 pending; and ask for appropriate reliefs, as may be advised. We hope and trust that, if such application is filed, the concerned Judge would consider the same on its own merits in accordance with law. 5. Accordingly, this petition is disposed of, with liberty to the petitioner to approach the concerned Judge before whom the complaint is pending; and ask for appropriate reliefs, which will be considered by that Judge on its own merits. A.R. JOSHI, J. A.M. KHANWILKAR, J.