SUSHILA MITTAL ALIAS SHIELA Vs. VXL INDIA LTD

JUDGEMENT

(1.) THIS is a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure for quashing the criminal complaint under Section 630, Sub-section 1 (b), and Sub-section (2), of the Companies Act, 1956.

(2.) IT is averred in the miscellaneous application that the petitioner was an employee of the respondent-company since 1960. Initially, the petitioner was appointed in O. C. M. (India) Ltd. , but later on she was transferred to the East India Carpet Company Ltd. , G. T. Road, Chheharta, with effect from 1978. Both the companies are concerns of the same proprietor.

(3.) IT is alleged by the petitioner that, at the time of entry into service, a house was let to her by the company, being quarters No. 5, in the O. C. M. Estate, Amritsar, on monthly rent. The petitioner was in occupation and possession of the quarters which were rented out to her by the company and to which the Rent Act also applied. She was being threatened with forcible dispossession from the quarters. The petitioner, per force to save her interest, filed a civil suit for a permanent injunction against the respondent-company, restraining them from evicting the petitioner by force. In the suit, the respondent gave a statement that the petitioner would not be evicted by force and, on that assurance, the suit was decided on January, 15, 1986, vide annexure P-2, annexed to the petition.