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Bombay High CourtABA/2440/2021disposed off

Pooja Jignesh Panchal v. The State Of Maharashtra

2022-06-29Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 15 ABA-2440-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2440 OF 2021 Pooja Jignesh Panchal ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Ganesh Gupta for the Applicant.

Ms.Anamika Malhotra, A.P.P. for the State/Respondent. ...

CORAM: BHARATI DANGRE, J.

DATED : 29th JUNE, 2022 P.C:- 1.

On 06/04/2022, the applicant was admitted to interim protection by recording that the case revolves around breach of contractual obligations and the contract contains an arbitration clause.

2.

The learned A.P.P., in absence of the Investigating Offcer, is unable to make a statement whether the applicant has abided by the order. However, the learned counsel for the applicant states that the applicant has reported to the Investigating Offcer as directed.

M.M.Salgaonkar

2/2 15 ABA-2440-21.doc 3.

Since a prima facie case is recorded in favour of the applicant and since it was noticed that the complaint arose out of the contractual obligations between the parties, alleging that the quality of the goods was inferior and there was a failure to refund, for which the parties have remedy of arbitration , order dated 06/04/2022 is made absolute. 4.

The application stands disposed off.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar