Date of Filing Plaint Criteria, Not Taking Cognizance: HC

Hyderabad: Justice K. Surender of the Telangana High Court ruled that the date of filing the complaint would be the criteria, and not the date on which the court takes cognisance of the offences. The judge by a common order dismissed the criminal petitions filed by Nusun Genetic Research Ltd and other companies. It was alleged that the companies had failed to get their records audited by a cost auditor and file the cost audit report in violation of Section 148(8) of Companies Act, 2013. The petitioner companies said the non-filing was for the financial year ending March 31, 2014, and the complaint was filed beyond the period of limitation, in 2017. The petitioners argued that the period of limitation for filing of complaint cannot be calculated from the date of granting of sanction, which is October 3, 2016. Justice Surender in his order observed that in view of Section 469 of CrPC, the commencement of the period of limitation would be from the date of knowledge to the Registrar of Companies, which could be taken as June 14, 2016, when the showcause notice was sent to the accused companies. The date of knowledge of the offences cannot be October 3, 2016, on which date the sanction was obtained.

HC backs NTPC not considering tender

Justice S. Nanda of the Telangana High Court dismissed a writ petition questioning the action of NTPC in refusing to consider the bid of a transport contractor. KSR Constructions had submitted a bid for a tender for the transportation of pond ash from the NTPC Ramagundam plant to a NHAI road constructions project. It received a mail from the authorities that it had not met the tender specification of '32 crore in a seven-year period. The judge rejected the plea of the petitioner that the tender did not speak about the financial proceedings of seven years and in the absence of any nomenclature of financial year in the technical criteria the authorities ought to have considered the experience certificate. The court said that the authorities acted reasonably and fairly and there is no misuse of statutory power.

No counter after court frames case

Justice S. Nanda of the Telangana High Court declared that the defendant in a civil suit cannot file a counter claim after the court has framed the issues for determination in the suit. The judge dismissed a revision petition filed by Bosle Mohan Rao Patel against the plaintiff Dyawar Nagesh. Petitioner Patel said he had purchased a part of the land in Bhainsa in 2018 but the plaintiff Nagesh without the authority of law forcibly dispossessed him and raised structures on the property. The defendants sought leave of the court to file a counter claim. The plaintiff successfully opposed the petitioner before the Senior Civil Judge at Nirmal. Pointing to the Civil Procedure Code, the judge said that such counter claim can be made before the time limited for delivering his defence has expired.