In a landmark judgement Justice T K Chandrashekhar Das of the Bombay High Court has directed the Videocon International Limited to face criminal trial while upholding the order of a Magistrate's Court. Justice T K Chandrashekhar Das gave the order on Friday on a writ petition filed by Videocon International and six of its directors filed two years ago seeking to set aside their prosecution in two
criminal cases filed under section 13 and 14 of the Maharashtra Ownership of Flats Act. Two criminal complaints were filed in August 1998 by BSI Limited before the court of additional chief metropolitan Magistrate K H Holambe-Patil seeking the prosecution of Videocon International Ltd chairman and managing director Venugopal Dhoot along with five other directors. They were accused of failure to either give possession of the flats booked by the complainant or return the deposit amount of Rs 3.43 crores after the date of handing over possession which expired on February 28, 1998.
The BSI Limited had entered into an agreement with Videocon International Limited on February six, 1995 for the purchase of six flats. The Videocon International Limited had offered residential and commercial premises for sale at Videocon Towers, Fergusson Road, Mumbai.
Magistrate Holambe-Patil in August, 1998 had summoned the accused to face trial before the court on a compalint filed by BSI Limited. However, Videocon International Limited and the other accused had moved the Bombay High Court and obtained a stay on the prosecution on April 1, 1999.
Senior Advocate Mahesh Jethmalani alongwith Advocate P R Mala who appeared on behalf of complainant told the Bombay High Court that not a single floor of the proposed building had been constructed till date. The lawyers also produced photographs before the judge to make their point.
After hearing Videocon International Limited's lawyers Senior Counsel P R Vakil and Advocate R D Soni, Justice T K Chandrashekhar Das dismissed the appeal and directed all the accused to face trial.
| 
