The Company Secretary of a Company was allotted quarters during the tenure of his employment. He has retired on 31st March, 2019. As per the terms of his employment, he is required to vacate his quarters within one month

According to Section 452(1) of the Companies Act, 2013, if any officer or employee of a company: (a) Wrongfully obtains possession of any property, including cash of the company; or (b) having any such property including cash in his possession, wrongfully withholds it or knowingly applies it for the purposes other than those expressed or directed in the articles and authorised by this Act, he shall, on the complaint of the company or of any member or creditor or contributory thereof, be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees. Further as per section 452(2), the Court trying an offence under sub-section (1) may also order such officer or employee to deliver up or refund, within a time to be fixed by it, any such property or cash wrongfully obtained or wrongfully withheld or knowingly misapplied, the benefits that have been derived from such property or cash or in default, to undergo imprisonment for a term which may extend to two years. Accordingly, in this case, the company can file a case against the retired Company Secretary to deliver up the quarters within a time fixed by court. He may also be asked to pay reasonable rent to the company for staying beyond the specified period. The retired Company Secretary will have no option but to leave the quarters within the time fixed by the court. He will also be liable to pay, as may be decided by the court. Further, the Court may also order such officer or employee to undergo imprisonment for a term which may extend to two years.