conducted on 19 October 2011, the Insolvent has deposed that the Insolvent had vacated the premises in the year 2004 and surrendered the same to one Mr.Anup Saxena and that as on date, one Raju Lakhdive is carrying on business at the premises. It appears that in terms of an order passed by this Court on 27 August 2008 in Summary Suit No.505/2008 between Mr.Raju Lakhdive (the Plaintiff) and the Insolvent (the Defendant), Consent Terms have been filed between Mr.Lakhdive and the Insolvent that the Insolvent has handed over free, vacant and peaceful possession of the subject premises to Mr.Lakhdive and that the Insolvent undertook not to stake any claim to the premises. These Consent Terms have obviously been signed between the parties and filed before the Court, respectively on 26 August 2008 and 27 August 2008, i.e. after the date of adjudication. It is apparent that the Consent Terms have been filed without seeking the leave of the Insolvency Court. The Official Assignee, in the premises, has sought directions to the Petitioning Creditor to take out appropriate proceedings in Summary Suit No.505/2008 for review and setting aside of the order passed on 27 August 2008 in terms of the Consent Terms referred to above. Having regard to the facts of the case, this prayer also will have to be allowed. Appropriate orders will have to be sought from the suit court in respect of the order passed in Summary Suit No.505/2008. The contentions of Mr.Raju Lakhdive and Mr.Anup Sexsena, who purportedly came on the scene as a tenant in terms of the deposition of the Insolvent in the private examination, in this behalf are kept open.
