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CR.MA/1202/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1202 of 2011
=========================================================
SHABNAM
ARORA (NOW SINCE MARRIED SHABNAM GOGIA) - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR
YASH N NANAVATY for
Applicant(s) : 1,
Ms C M Shah, Addl.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 08/02/2011
ORAL
ORDER
1. Heard
the learned Advocate for the petitioner.
It
is submitted that the alleged dispute has basis in the contract
namely, the agreement dated 3.12.2006 made between the Magestic
Holidays Ltd., employer of the applicant herein and the complainant.
The applicant, at the most, has acted as an employee and the
allegations levelled in the complaint are baseless, since the
complainant has not paid the total amount as per the agreement of
‘time share’ arrangement. Besides, reliance is placed on the
judgment dated 24.2.2010 passed in Criminal Misc. Application No.8876
of 2009 and it is submitted that the case of the applicant herein
is similar to that of the above case. In view of the above, the
complaint be quashed and set aside.
2. Considering
the over all aspects and the submissions of the learned Advocate for
the petitioner, the matter deserves consideration. Hence,
RULE
returnable on 22nd
March, 2011. Meanwhile, ad-interim relief in terms of para 10 [C].
Notice as to interim relief also be made returnable on 22nd
March, 2011.
[ANANT S DAVE, J.]
msp
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