Second respondent, M/s.Greems Cotton Limited is a public limited company engaged in the business of manufacture and sale of automative engines, industrial engines, farm equipments as well as spare parts for the same. It has its factory at SIPCOT Industrial Estate, Gummidipoondi. First petitioner/accused, Savani Transports Private Limited is a private company engaged in the business of providing cargo service including sundry parcel Service, bulk transportation, turnkey project, odd dimensional cargo, warehousing, logistics and carrying and forwarding. First petitioner's registered office is at Mumbai and it has its zonal office at Chennai. 5th petitioner is a zonal manager at Chennai. 6th petitioner is senior branch manager at Chennai. 7th petitioner is loading supervisor at Chennai. 4th petitioner is operationl head at Mumbai. Second and third petitioners are the Director and Managing Director respectively of Savani Transport Private Limited. Second and third petitioners are incharge and responsible for the day-today affairs of the company. Second respondent engaged authorised transporters including the first petitioner for transporting petrol and diesel pumpsets, gensets and water sealed pumpsets along with accessories from Gummidipoondi factory to various locations in India. It was found for the period from March 2011 to April 2015 in Gummidipoondi factory that instances of fraud and cheating in the transaction with the first petitioner. It was observed that in several instances, first petitioner had been charging the second petitioner for two or more trucks per consignment, when in fact first petitioner was using only one truck for transporting consignment. First petitioner was cheating the second respondent and charging for more than two or more truck loads while using only one truck. In March 2015, consignment worth Rs.25,73,720/- was sent from Gummidipoondi factory to Bhuvaneswr and Patna through the first petitioner. The accused had conspired and colluded with each other and legally misappropriated the consignment. By the act of the accused, the accused fraudulently misappropriated the money and cheated the second respondent to the tune of Rs.3,11,96,357/- apart from misappropriating consignment worth Rs.25,73,720/-. Therefore, the complaint was given.
