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2003 Supreme(Kar) 596

D.V.SHYLENDRA KUMAR
SOUTHERN WONDER WORLD RESORTS LTD. – Appellant
Versus
STATE OF KARNATAKA – Respondent


D. V. SHYLENDRA KUMAR, J.

( 1 ) FIRST petitioner claims to be a company carrying on activities such as acquiring properties, developing them and selling them to interested persons. It also carries on the activity of developing resorts on the basis of what is known as "time-share" and the resort is sold to its members on receiving lampsum amounts and providing accommodation to such members of a limited duration as per the scheme evolved by the company.

( 2 ) THE grievance of the petitioner is that the respondents, law enforcing agency, have resorted to criminal action against the petitioner on the premise that their activity attracts the provisions of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 ('the Act' for short) and as such the petitioner carrying on business in such trade attracting the provisions of the Act even without a proper registration is required to be prevented from carrying on such activity.

( 3 ) IN this regard the second petitioner had also been arrested and later released on bail and certain criminal cases are pending against the first petitioner-company as also the second petitioner Director, before the Courts of law. Petitioner, to get ove





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