This is an application for leave to file a suit for eviction of the Official Liquidator. The court held that since possession was already handed over to another party by a prior order, the suit did not arise.
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mgj
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Company Application No.113 of 2009
in
Company Petition No. 201 of 1994
M/s K.R.Steel Union Limited ..Petitioner
vs.
Official Liquidator of Poysha
Industrial Co.Ltd. .Respondents
and
Ion Exchange (India) Ltd. ..Applicants
Mr.R.D.Dave i/b M/s N.N.Vaishnava and Co. for
applicants.
Dy.O.L.present.
P.C.
1This application is taken out by the
applicants seeking leave under section 466 of
the Companies Act, 1956 to file a suit
against the Official Liquidator in the Court
of Small Causes at Bombay for eviction of the
Liquidator from the area admeasuring 3760 sq.
ft. situated at the first floor of TIPCION at
2
Dr.Mozes Road, Mahalaxmi, Mumbai (said
premises) of which M/s Poysha Industrial
Co.Ltd. (in liquidation) was the tenant. The
Liquidator has pointed out that the
Liquidator has already handed over possession
of the said premises to M/s Kaira Can Co.
Ltd. as per the order of this Court dated
20th February, 1990 in Application (Ld) No.97
of 1998 taken out by the applicants M/s Kaira
Can Co. Ltd. in Company application (Ld) No.
97 of 1998. Since the Liquidator has already
handed over possession of the said premises
to M/s Kaira Can Co. Ltd. as per the order of
this Court the question of the applicants
now filing a suit against the Liquidator
seeking his eviction from the said premises
as set out in prayer clause (b) of the
application does not arise. In view thereof,
the application is dismissed.
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2 issues framed by the court
Whether applicants are entitled to leave to file a suit for eviction of the Official Liquidator from the premises.
Whether the admission that possession was already handed over to another party negates the need for a fresh suit.
1 provisions across 1 enactments
M/s K.R.Steel Union Limited
Official Liquidator of Poysha Industrial Co.Ltd.
Ion Exchange (India) Ltd.
P.C.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court