Analysis of Supreme Court Judgment in Birla Corporation Ltd. vs. Adventz Investments and Holdings Ltd. & Ors.

Held that production of copies of various documents in the Company Petition for the purpose of litigation, which have restricted access, would not amount to theft.

Production of copies of various documents in the Company Petition – Whether would amount to theft?

The main question falling for consideration is whether in the facts and circumstances of the case in hand whether temporary removal of the documents and using them in the litigations pending between the parties would amount to theft warranting lodging of a criminal complaint.

Allegations of theft and misappropriation are relating to the documents No.1 to 28 and the documents No.1 to 54 which are filed in the company petition and filing of Internal Audit Report in the civil suits. As discussed earlier, there are no specific allegations as to when, where and how the respondents have committed theft; nor are there specific allegations against the respondents accused. Allegations in the complaint, being taken at their face value, do not disclose prima-facie case nor the ingredients of the offence of house theft or misappropriation are made out.

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