( 1 ) A very substantial and significant question that arises for consideration and determination is whether a conviction and eviction of a serviceoccupier under Sec. 630 of the Companies Act, 1956, withholding companys premises after termination of employment, by any reason, is competent and maintainable or not in view of the protection and provision of Sec. 28 of the bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ?

( 2 ) THE appellant herein - original complainant who was working as Deputy manager in "new Shorrock Mills", a unit of Mafatlal Industries Limited (the company for short) had filed Criminal Case No. 6545 of 1988, on 18-10-1988, in the Court of the learned Chief J. M. F. C. , Nadiad, inter alia, contending, that respondent No. 1-original accused has wrongfully withheld possession of Room no. 30 in New Shorrock Nagar bearing Municipal Census No. 5/947 situated on kapadvanj Road, Nadiad, the property of the company (the disputed property for short), after his retirement from the employment of the company.

( 3 ) ACCORDING to the complainants case, the disputed room was given to the accused on account of the fact that he being in service of the