The court disposed of a Company Application wherein an applicant sought to restrain the Official Liquidator from taking possession of premises and alternatively sought release of possession. The prayers were found to be infructuous or requiring separate legal proceedings.
Company Application stands disposed of.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION NO.1077 OF 2008
In
COMPANY PETITION NO.895 OF 1998
In the matter of Amar Dyechem Ltd.
B.I.F.R. : Petitioner
And
Pankaj K. Singhania : Applicant
(Orig.Applicant)
And
Official Liquidator, High Court,
Bombay. : Respondent
Mr.Atul G. Damle for the applicant.
Mr.S.Ramakanta, Dy. Official Liquidator (present).
CORAM : S.A.BOBDE, J.
DATE : AUGUST 21, 2008.
P.C.
1. The applicant claims to be the owner of the premises
of which possession has been taken by the Official
Liquidator from the company in liquidation i.e. M/s.Amar
Dyechem Ltd. The applicant has prayed that the Official
Liquidator ought not be allowed to take possession of the
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premises. The prayer has obviously become infructuous.
In addition, the applicant has prayed that the premises be
released in his favour by the Official Liquidator. This
prayer cannot be granted to the applicant in these
proceedings. Assuming that the applicant is the owner of
the premises which were given on lease to the company in
liquidation, possession can be obtained by the landlord
only in accordance with the procedure established by law
for which the applicant is free to take up such
proceedings as may be advised, in accordance with law.
2. Company Application stands disposed of.
S.A. BOBDE, J.
1 issue framed by the court
Whether the applicant is entitled to possession of the premises from the Official Liquidator.
B.I.F.R.
Pankaj K. Singhania
Official Liquidator
S.A. Bobde
As recorded by the court registry
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